Opinion
2012-05-23
The PEOPLE, etc., respondent, v. Darrell WALKER, appellant.
John F. Ryan, White Plains, N.Y. (Clare J. Degnan of counsel), for appellant. *912 Janet DiFiore, District Attorney, White Plains, N.Y. (Maria I. Wager, Steven A. Bender, and Richard Longworth Hecht of counsel), for respondent.
John F. Ryan, White Plains, N.Y. (Clare J. Degnan of counsel), for appellant. *912 Janet DiFiore, District Attorney, White Plains, N.Y. (Maria I. Wager, Steven A. Bender, and Richard Longworth Hecht of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered April 27, 2010, convicting him of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth 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.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the testimony at the suppression hearing was not patently incredible or unworthy of belief ( see People v. Rivera, 27 A.D.3d 489, 490, 812 N.Y.S.2d 575). The hearing court properly found that the police had probable cause for the defendant's arrest ( see People v. Jones, 90 N.Y.2d 835, 660 N.Y.S.2d 549, 683 N.E.2d 14; People v. McRay, 51 N.Y.2d 594, 601–602, 435 N.Y.S.2d 679, 416 N.E.2d 1015; People v. Carter, 198 A.D.2d 229, 603 N.Y.S.2d 508; People v. Jones, 186 A.D.2d 681, 588 N.Y.S.2d 631). Accordingly, the hearing court properly denied that branch of the defendant's omnibus motion which was to suppress physical evidence recovered pursuant to a lawful search of the defendant ( see People v. Hall, 10 N.Y.3d 303, 310, 856 N.Y.S.2d 540, 886 N.E.2d 162, cert. denied 555 U.S. 938, 129 S.Ct. 159, 172 L.Ed.2d 241; People v. Clayton, 57 A.D.3d 557, 868 N.Y.S.2d 303; People v. Butler, 27 A.D.3d 365, 813 N.Y.S.2d 366).
The trial court properly allowed the People to question the defendant about prior drug arrests after the defendant opened the door to that line of inquiry ( see People v. Fardan, 82 N.Y.2d 638, 646, 607 N.Y.S.2d 220, 628 N.E.2d 41).
The sentence imposed was not excessive ( see CPL 470.15[2][c], [6][b]; 470.20[6]; People v. Thompson, 60 N.Y.2d 513, 519, 470 N.Y.S.2d 551, 458 N.E.2d 1228; People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675). The sentencing court providently exercised its discretion in declining to direct that the defendant be enrolled in the Comprehensive Alcohol and Substance Abuse Treatment program ( see Penal Law § 60.04[6]; People v. Herring, 74 A.D.3d 1579, 903 N.Y.S.2d 595).