Opinion
January 13, 1997.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered February 9, 1995, convicting him of robbery in the first degree, burglary in the first degree, criminal possession of a weapon in the second degree, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Feldman, J.), of that branch of the defendant's omnibus motion which was to suppress physical evidence.
Before: O'Brien, J. P., Florio, McGinity and Luciano, JJ.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, Officer Cole-Palmer's testimony at the suppression hearing was not self-contradictory or impeached by her failure to record in the complaint report and memo book her observation, as testified to at the hearing, of a bulge in the defendant's waistband ( see, People v Jackson, 202 AD2d 246). The memo book entry could be viewed as simply a more abbreviated account of the incident than the testimony ( see, Matter of Noe H., 210 AD2d 43). Moreover, an omission of fact at a prior time is insufficient for impeachment purposes unless it is shown that the witness' attention was called specifically to the matter in question at the time of the omission ( see, People v Bornholdt, 33 NY2d 75, 88-89, cert denied sub nom. Victory v New York, 416 US 905; People v Jackson, supra). We see no reason to disturb the hearing court's finding that the officers' testimony was credible ( see, People v Milliner, 146 AD2d 717, 718).
Viewing the evidence adduced at trial in a light most favorable to the defendant ( see, People v Butts, 72 NY2d 746, 750), the trial court properly denied the defendant's request to charge temporary and lawful possession ( see, People v Bonterre, 169 AD2d 481).
The defendant's remaining contentions are without merit.