Judgments affirmed.
This court previously ruled that the evidence presented at a suppression hearing established that the police had probable cause for the warrantless arrest and search of the defendant on narcotics charges (see, People v. Malone, 56 A.D.2d 895).
On appeal from his conviction, the defendant claims that the testimony presented at the trial conflicts with the suppression hearing testimony. We find no such conflict in the testimony and adhere to our previous ruling that probable cause for the defendant's arrest and search was established (see, People v Valentine, 17 N.Y.2d 128). Even assuming that there was such a conflict in the testimony, the propriety of the denial of the motion to suppress should be adjudged upon the evidence before the suppression court (cf. People v. Gonzalez, 55 N.Y.2d 720, 721-722, cert denied 456 U.S. 1010).
The defendant's claim that he was deprived of a fair trial due to the ineffective assistance of counsel is without merit (see, People v. Baldi, 54 N.Y.2d 137). Gibbons, J.P., Weinstein, Lawrence and Eiber, JJ., concur.