Ordered that the judgment is affirmed.
The defendant's contention that a lineup identification and a statement he made to the police should have been suppressed as the purported fruits of an unlawful arrest is without merit. The hearing court's finding that the defendant was arrested after he exited from his apartment into a common hallway was not clearly erroneous and thus should be upheld (see, People v. Armstead, 98 A.D.2d 726). Further, neither the letter nor the spirit of the rule enunciated in Payton v. New York ( 445 U.S. 573) was violated here, where the police directed the defendant, through his girlfriend, to leave his apartment (see, People v. Minley, 68 N.Y.2d 952).
The defendant's additional contention that the court should have charged the affirmative defense to robbery in the first degree is unpreserved for appellate review (see, CPL 470.05). In any event, it was proper for the court not to issue such a charge because the defendant never met his burden of making a prima facie showing that the gun was inoperable or unloaded (see, People v. Cotarelo, 71 N.Y.2d 941).
We have reviewed the defendant's remaining contention and find it to be without merit. Thompson, J.P., Rubin, Sullivan and Rosenblatt, JJ., concur.