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People v. Hamilton

Appellate Division of the Supreme Court of New York, Second Department
Jun 20, 1994
205 A.D.2d 706 (N.Y. App. Div. 1994)

Opinion

June 20, 1994

Appeal from the Supreme Court, Queens County (Appelman, J.).


Ordered that the judgment is affirmed.

The defendant failed to raise any objection during the suppression hearing regarding the seizure of pre-recorded money. Accordingly, his contention that the arresting officer did not have probable cause to arrest the defendant — and therefore, that the hearing court erred in permitting this evidence to be admitted — was not preserved for appellate review (see, CPL 470.05; see also, People v. Stahl, 53 N.Y.2d 1048, 1050; People v. Cornelius, 107 A.D.2d 757). In any event, the contention is without merit, since the record clearly indicates that the arresting officer, who testified at the pretrial hearing, not only received a sufficiently specific description of the defendant before the arrest, but also saw the defendant both before and after the buy (see, People v. Dodt, 61 N.Y.2d 408; see also, People v. Landry, 187 A.D.2d 732; People v. Ward, 182 A.D.2d 573).

The defendant also argues that the trial court erred in sentencing him as a second felony offender. The defendant waived this claim, in that he did not contest or controvert his status as a second felony offender when he had the opportunity to do so, after having been arraigned upon the second felony offender statement (see, People v. Khatib, 166 A.D.2d 668, 669; see also, People v. Smith, 73 N.Y.2d 961). Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.


Summaries of

People v. Hamilton

Appellate Division of the Supreme Court of New York, Second Department
Jun 20, 1994
205 A.D.2d 706 (N.Y. App. Div. 1994)
Case details for

People v. Hamilton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES HAMILTON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 20, 1994

Citations

205 A.D.2d 706 (N.Y. App. Div. 1994)
613 N.Y.S.2d 677

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