Opinion
KA 01-02098
June 13, 2003.
Appeal from a judgment of Monroe County Court (Kohout, J.), entered July 16, 2001, convicting defendant upon his plea of guilty of, inter alia, burglary in the second degree.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR DEFENDANT-APPELLANT.
HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, BURNS, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
On appeal from a judgment convicting him upon his plea of guilty of burglary in the second degree (Penal Law 140.25) and petit larceny (155.25), defendant contends that the People failed to establish that the police officer who stopped and detained him had the requisite level of knowledge to support the stop and detention. Defendant argued before the suppression court only that he had been arrested without probable cause ( see People v. Brown, 275 A.D.2d 328, lv denied 95 N.Y.2d 961; Matter of Jason F., 243 A.D.2d 391; People v Sanders, 224 A.D.2d 956, lv denied 88 N.Y.2d 885), and thus his present contention "was not raised at a time when the People had an evidentiary opportunity to counter [it]" ( People v. Rodriguez, 188 A.D.2d 564, 564, lv denied 81 N.Y.2d 892). Defendant's contention therefore is unpreserved for our review ( see CPL 470.05), and we decline to exercise our power to review it as a matter of discretion in the interest of justice ( see 470.15 [6] [a]).