Opinion
Submitted May 10, 1999
June 21, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Roman, J.), rendered May 22, 1997, convicting him of attempted burglary in the second degree and criminal contempt in the first 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.
Randy S. Alpert, Forest Hills, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Robin A. Forshaw, and Lesley Brovner of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., CORNELIUS J. O'BRIEN, WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contentions, the search conducted by the officers who responded to the complainant's emergency 911 telephone call was supported by probable cause ( see, People v. Rodriguez, 221 A.D.2d 574; People v. Hodja, 216 A.D.2d 415). Further, the trial court properly admitted evidence of certain prior bad acts committed by the defendant, which were probative of his intent and motive ( see, People v. Till, 87 N.Y.2d 835; People v. Alvino, 71 N.Y.2d 233, 241-243; People v. Molineux, 168 N.Y. 264; see also, People v. Cham, 259 A.D.2d 492 [2d Dept., Mar. 1, 1999]; People v. Underwood, 255 A.D.2d 405 [2d Dept., Nov. 9, 1998]).
The defendant's remaining contentions are either unpreserved for appellate review ( see, People v. Balls, 69 N.Y.2d 641-642; People v. Tutt, 38 N.Y.2d 1011) or without merit ( cf., People v. Hicks, 68 N.Y.2d 234, 239).