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People v. Lowe

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 2002
300 A.D.2d 509 (N.Y. App. Div. 2002)

Opinion

2000-03093

Argued November 18, 2002.

December 16, 2002.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Leventhal, J.), rendered March 22, 2000, convicting him of attempted murder in the second degree, kidnapping in the second degree, assault in the second degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the fourth degree, and menacing in the second degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of those branches of the defendant's omnibus motion which were to suppress physical evidence and his statements to law enforcement officials.

Lynn W. L. Fahey, New York, N.Y. (Yvonne Shivers of counsel), for appellant, and appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anne C. Feigus of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., SANDRA L. TOWNES, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The Supreme Court correctly denied those branches of the defendant's omnibus motion which were to suppress physical evidence and statements made by the defendant to law enforcement officials after conducting a pretrial suppression hearing (see People v. Glover, 87 N.Y.2d 838, 839; People v. Huffman, 41 N.Y.2d 29; People v. Mitchell, 39 N.Y.2d 173, 177, cert denied 426 U.S. 953; People v. Isaac, 194 A.D.2d 690; People v. Diaz, 161 A.D.2d 789; People v. Griffiths, 112 A.D.2d 798).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are unpreserved for appellate review.

SANTUCCI, J.P., TOWNES, CRANE and RIVERA, JJ., concur.


Summaries of

People v. Lowe

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 2002
300 A.D.2d 509 (N.Y. App. Div. 2002)
Case details for

People v. Lowe

Case Details

Full title:THE PEOPLE, ETC., respondent, v. CLEMENT LOWE, appellant

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

Date published: Dec 16, 2002

Citations

300 A.D.2d 509 (N.Y. App. Div. 2002)
750 N.Y.S.2d 892