Opinion
1995-09336
Submitted October 7, 2002.
October 28, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Braun, J.), rendered September 18, 1995, convicting him of criminal possession of a weapon in the third degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Griffin, J.), of that branch of the defendant's omnibus motion which was to suppress physical evidence.
Andrew C. Fine, New York, N.Y. (Jeffrey Dellheim of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Lisa Drury, and Johnnette Traill of counsel), for respondent.
Before: NANCY E. SMITH, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the suppression hearing should have been reopened based on the trial testimony of the eyewitness who identified the defendant's car to the arresting officer is unpreserved for appellate review. The defendant failed to ask the trial court to reopen the hearing based on the eyewitness's trial testimony (see CPL 470.05; People v. Lopez, 71 N.Y.2d 662, 665; People v. Martin, 50 N.Y.2d 1029, 1031). In any event, that contention is without merit (see CPL 710.40; People v. Clark, 88 N.Y.2d 552, 555).
SMITH, J.P., McGINITY, LUCIANO and CRANE, JJ., concur.