Opinion
No. 2006-00661.
January 16, 2007.
Appeal by the People from an order of the Supreme Court, Queens County (Grosso, J.), dated December 15, 2005, which, after a hearing, granted the defendants' separate omnibus motions to suppress physical evidence recovered from the defendants' possession and statements made by the defendants to the police.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Frances Impellizzeri of counsel), for appellant.
Howard R. Teichner, Kew Gardens, N.Y., for respondent Edgar Posada.
William McDonald, Kew Gardens, N.Y., for respondent Diego Ercoli.
Before: Miller, J.P., Krausman, Fisher and Dillon, JJ.
Ordered that the order is affirmed.
The People's contention on appeal was waived in the suppression court, and thus may not be raised now ( see People v Dodt, 61 NY2d 408, 416; see also People v Johnson, 64 NY2d 617, 619 n 2 [1984]).