Judgment affirmed.
A review of the record establishes that Criminal Term properly denied defendant's motion to suppress evidence. The police's entry into the apartment where defendant's arrest took place violated no reasonable expectation of privacy of defendant and, therefore, he lacks standing to contest the absence of a search warrant. In any event, the entry was justified by the report of a violent fight involving a gun, which clearly constituted exigent circumstances ( see, People v Hodge, 44 N.Y.2d 553; People v Mitchell, 39 N.Y.2d 173, cert denied 426 U.S. 953; People v Lenart, 91 A.D.2d 132). After the lawful entry, the statements made by the brother of defendant's girlfriend that defendant had a gun in his pocket provided reasonable suspicion for the pat down of defendant which confirmed this allegation and established probable cause for his arrest ( see, People v Klass, 55 N.Y.2d 821; People v Crespo, 70 A.D.2d 661). The police were not obligated, under such circumstances, to obtain an arrest warrant prior to taking defendant into custody ( cf. Steagald v United States, 451 U.S. 204; Payton v New York, 445 U.S. 573).
Defendant's remaining contention concerning the constitutionality of Penal Law § 70.04 has not been preserved for review and, in any event, is meritless ( e.g., People v Cates, 104 A.D.2d 895). Titone, J.P., Thompson, O'Connor and Eiber, JJ., concur.