Opinion
September 19, 1995
Appeal from the Supreme Court, Bronx County, Arlene Silverman, J., Gerald Sheindlin, J.
Defendant's claim that the police testimony at the suppression hearing was unbelievable because medical records show that he was shot in the buttocks, and therefore could not have been facing the police during the shootout, as the officers testified, is unpreserved for appellate review as a matter of law, no such claim having been made before the suppression court ( People v Gonzalez, 55 N.Y.2d 887), and review in the interest of justice is precluded by the absence of such medical records in the record ( People v Clendinen, 173 A.D.2d 366, lv denied 80 N.Y.2d 895). In any event, the medical record would only show the nature of defendant's wound, and not that he was never facing the police or that the police testimony was otherwise fabricated. The officers' testimony recounts plausible interactions with defendant, and contains nothing that is contrary to experience or self-contradictory ( People v Jamal G., 196 A.D.2d 751, lv denied 82 N.Y.2d 850).
Concur — Sullivan, J.P., Rubin, Kupferman, Asch and Nardelli, JJ.