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People v. Smalls

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 2008
48 A.D.3d 488 (N.Y. App. Div. 2008)

Opinion

No. 2006-01413.

February 5, 2008.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (McKay, J.), rendered January 18, 2006, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, and Daniel P. Murphy of counsel), for respondent.

Before: Mastro, J.P., Fisher, Carni and McCarthy, JJ.


Ordered that the judgment is affirmed.

The defendant's contention that a gun should have been suppressed because he allegedly was subjected to an unreasonable search and detention is without merit ( see People v Chestnut, 51 NY2d 14, 22-23, cert denied 449 US 1018; People v Winchester, 14 AD3d 939, 940-941; People v Bethea, 239 AD2d 510; Matter of Anthony S., 181 AD2d 682).

The defendant's remaining contentions are without merit ( see People v Smith, 4 AD3d 378, 379; People v McClary, 197 AD2d 640, 641; People v Foster, 118 AD2d 654; People v Jones, 106 AD2d 585).


Summaries of

People v. Smalls

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 2008
48 A.D.3d 488 (N.Y. App. Div. 2008)
Case details for

People v. Smalls

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CALVIN SMALLS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 5, 2008

Citations

48 A.D.3d 488 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 1180
849 N.Y.S.2d 790

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