Opinion
2001-11115
Submitted April 15, 2003.
May 5, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered December 13, 2001, convicting him of 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 (McKay, J.), of that branch of the defendant's omnibus motion which was to suppress physical evidence.
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 Benjamin A. Darche of counsel, for respondent.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, GABRIEL M. KRAUSMAN, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The evidence adduced at the pretrial hearing was sufficient to establish that the police had probable cause to arrest the defendant (see People v. Rosa, 231 A.D.2d 534, 535; People v. Williams, 117 A.D.2d 830). Accordingly, the hearing court properly denied suppression of certain physical evidence seized from the defendant's person incident to the arrest (see New York v. Belton, 453 U.S. 454, 462-463).
RITTER, J.P., ALTMAN, KRAUSMAN and CRANE, JJ., concur.