Opinion
2973.
Decided February 26, 2004.
Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered March 21, 2001, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 4 years, unanimously affirmed.
Beth Fisch Cohen, for Respondent.
Bonnie C. Brennan, for Defendant-Appellant.
Before Nardelli, J.P., Mazzarelli, Saxe and Lerner, JJ.
The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record ( see People v. Prochilo, 41 N.Y.2d 759, 761). The police were entitled to pursue defendant when he fled after committing a violation in their presence ( see People v. Bothwell, 261 A.D.2d 232, 234-235, lv denied 93 N.Y.2d 1026).
In addition to being waived by his guilty plea ( People v. Mercado, 265 A.D.2d 177, lv denied 94 N.Y.2d 826; People v. Rojas, 169 A.D.2d 464, lv denied 77 N.Y.2d 966), defendant's Rosario claim is both unpreserved ( People v. Pines, 298 A.D.2d 179, lv denied 99 N.Y.2d 562) and unsupported by the record.
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.