
    The People of the State of New York, Respondent, v Thomas Layte, Also Known as Robert C. Owens, Appellant.
    Argued June 8, 1981;
    decided July 6, 1981
    
      APPEARANCES OF COUNSEL
    
      Reuben Ortenberg for appellant.
    
      Kenneth Gribetz, District Attorney (John S. Edwards of counsel), for respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

There was probable cause for the arrest of defendant and codefendant Juniewicz and the arrest was valid whether made by the police officer or a narcotics investigator. As to the contents of the airline bag, defendant has not preserved for our review, and we, therefore, do not reach the question whether the bag being open on the rear seat of the car is sufficient to distinguish People v Roman (53 NY2d 39) and Arkansas v Sanders (442 US 753).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.  