Opinion
Submitted October 28, 1999
December 2, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Demakos, J.), rendered June 29, 1998, convicting him of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree, upon a jury verdict, and imposing sentence. This appeal brings up for review the denial, after a hearing, of those branches of the defendant's omnibus motion which were to suppress physical evidence and statements allegedly made by him to law enforcement officials.
Lynn W. L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Andrew Zuckerman of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, WILLIAM D. FRIEDMANN and ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The Supreme Court properly denied those branches of the defendant's omnibus motion which were to suppress physical evidence and statements made by him to law enforcement officials. The arresting police officer had probable cause to arrest the defendant based upon his observations and subsequent inquiries (see, People v. Hollman, 79 N.Y.2d 181 ; Matter of Darnel B., 248 A.D.2d 464 ;People v. Rodriquez, 159 A.D.2d 201; see also, People v. Bigelow, 66 N.Y.2d 417 ; People v. Brown, 246 A.D.2d 603).
The defendant's remaining contention is without merit.
O'BRIEN, J.P., SANTUCCI, FRIEDMANN, and FLORIO, JJ., concur.