Opinion
June 8, 2001.
(Appeal from Judgment of Monroe County Court, Maloy, J. — Burglary, 2nd Degree.)
PRESENT: GREEN, J.P., PINE, HURLBUTT, KEHOE AND BURNS, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him of two counts of burglary in the second degree (Penal Law § 140.25) and one count of criminal mischief in the fourth degree (Penal Law § 145.00). Defendant contends that County Court erred in failing to suppress physical evidence and his statement to the police on the ground that the police lacked reasonable suspicion to pursue him ( see generally, People v. Holmes, 81 N.Y.2d 1056, 1057-1058). Because that contention was not raised in defendant's pretrial omnibus motion or at the suppression hearing, it has not been preserved for our review ( see, People v. Coleman, 56 N.Y.2d 269, 274; People v. Gonzalez, 55 N.Y.2d 887, 888; People v. Bennett, 244 A.D.2d 923, 924, lv denied 91 N.Y.2d 889, 92 N.Y.2d 847; People v. Owusu, 234 A.D.2d 893, lv denied 89 N.Y.2d 1039). In any event, that contention lacks merit. Defendant's flight, in conjunction with the attendant circumstances, provided the police with reasonable suspicion that a crime had been, was being, or was about to be committed ( see, People v. Holmes, supra, at 1057-1058).