Opinion
2011-10-4
The PEOPLE, etc., respondent,v.James PRESTON, appellant.
Lynn W.L. Fahey, New York, N.Y. (Jonathan Garvin of counsel), for appellant.Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Danielle S. Fenn of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Jonathan Garvin of counsel), for appellant.Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Danielle S. Fenn of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.), rendered June 1, 2009, as amended June 29, 2009, convicting him of
criminal possession of a weapon in the second degree (four counts), criminal possession of a weapon in the third degree (three counts), and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Aloise, J.), of that branch of the defendant's omnibus motion which was to suppress physical evidence.
ORDERED that the judgment is affirmed.
Under the circumstances of this case, the defendant's contention that certain physical evidence should have been suppressed because two police officers lacked a proper basis for questioning him is without merit ( see People v. Riddick, 70 A.D.3d 1421, 1422, 894 N.Y.S.2d 260; People v. Winchester, 14 A.D.3d 939, 940, 790 N.Y.S.2d 238).
Contrary to the People's contention, the defendant's remaining arguments regarding the propriety of the two police officers' actions leading up to his arrest are properly before this Court ( see People v. Gray, 77 A.D.3d 766, 909 N.Y.S.2d 492), although those contentions are without merit. Notwithstanding the defendant's contention that the officers chased him even though they lacked a “reasonable suspicion that [he] was involved in a felony or misdemeanor” ( People v. Moore, 6 N.Y.3d 496, 499, 814 N.Y.S.2d 567, 847 N.E.2d 1141), the testimony adduced at the suppression hearing reflects that the officers' pursuit of the defendant after he dropped what appeared to be a drug packet and fled their presence immediately thereafter was justified ( see People v. Febus, 11 A.D.3d 554, 556, 783 N.Y.S.2d 55; Matter of Steven McC., 304 A.D.2d 68, 73, 757 N.Y.S.2d 259). Moreover, the record does not support the defendant's contention that the officers' testimony at the suppression hearing was incredible or patently tailored to nullify constitutional objections ( see People v. Vasquez, 217 A.D.2d 466, 467, 629 N.Y.S.2d 756; cf. People v. Rutledge, 21 A.D.3d 1125, 1126, 804 N.Y.S.2d 321). Accordingly, the Supreme Court properly denied that branch of the defendant's omnibus motion which was to suppress physical evidence.
The defendant's contention that he was penalized for going to trial rather than accepting a plea offer is without merit ( see People v. Davis, 27 A.D.3d 761, 762, 815 N.Y.S.2d 612; People v. Evans, 16 A.D.3d 595, 596, 792 N.Y.S.2d 124). Additionally, the sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).