Opinion
572
March 26, 2002.
Judgment, Supreme Court, New York County (Michael Corriero, J.), rendered August 5, 1998, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree (two counts) and criminally using drug paraphernalia in the second degree, and sentencing him, as a second felony offender, to an aggregate term of 4½ to 9 years, unanimously affirmed.
LINDA H. KOLODNY, for respondent.
GAUTAM RANA, for defendant-appellant.
Before: Williams, P.J., Tom, Saxe, Rubin, Friedman, JJ.
Defendant's claim that the suppression hearing should have been reopened based on alleged contradictions between hearing and trial testimony is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find no discrepancy that would have affected the outcome of the hearing (see, People v. Meachem, 288 A.D.2d 162, 733 N.Y.S.2d 354).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.