Opinion
Submitted October 24, 2000.
November 21, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling J.), rendered March 23, 1998, as amended May 6, 1998, convicting him of criminal possession of a controlled substance in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.
M. Sue Wycoff, New York, N.Y. (Steven J. Miraglia of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas S. Burka of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., DAVID S. RITTER, WILLIAM D. FRIEDMANN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the judgment, as amended, is affirmed.
Contrary to the defendant's contention, the Supreme Court properly denied suppression of a handgun and cocaine seized from him by the police (see, People v. De Bour, 40 N.Y.2d 210; People v. Robinson, 271 A.D.2d 17 [1st Dept., July 6, 2000]; People v. Ortiz, 265 A.D.2d 579; People v. Silver, 178 A.D.2d 499).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contention is without merit.