PEOPLE v. VADNOS

Ordered that the judgment is affirmed.

The search of the defendant did not violate his Fourth and Fourteenth Amendment rights. The police, following a "tip", entered a building, and, standing in a common hallway, observed the defendant through the open door of an apartment in possession of three hypodermic syringes. The apartment was, in fact, a "shooting gallery" belonging to a person other than the defendant. Under the circumstances, the police had probable cause to arrest the defendant (see, People v. Jackson, 41 N.Y.2d 146, 149-150) and the subsequent search of his person, which produced a handgun, was likewise justified as a search incident to a lawful arrest (see, People v. Knapp, 52 N.Y.2d 689, 694-695). Thus, the physical evidence was properly admissible in the defendant's trial for criminal possession of a weapon and criminal possession of a hypodermic instrument. Bracken, J.P., Kunzeman, Kooper and Spatt, JJ., concur.