Opinion
1013 KA 14-00257.
10-02-2015
The PEOPLE of the State of New York, Respondent, v. Brian C. WEAVER, Defendant–Appellant.
Davison Law Office, PLLC, Canandaigua (Mark C. Davison of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for Respondent.
Davison Law Office, PLLC, Canandaigua (Mark C. Davison of Counsel), for Defendant–Appellant.
Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for Respondent.
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, WHALEN, AND DeJOSEPH, JJ.
Opinion
MEMORANDUM:On appeal from a judgment convicting him upon his plea of guilty of two counts of criminal possession of a weapon in the second degree (Penal Law § 265.03[3] ) and five counts of criminal possession of a weapon in the third degree (§ 265.02[1], [3], [7] ), defendant contends that his statements to the police should have been suppressed as the product of an illegal arrest. Defendant requested a probable cause hearing in his omnibus motion, which County Court denied “at this point.” The court advised defense counsel that, if the facts adduced at the Huntley hearing raised an issue regarding probable cause, the court would consider the issue at that time. Defendant, however, never renewed his request for a probable cause hearing or raised any contention with respect to probable cause at the Huntley hearing. Under the circumstances, we conclude that defendant has abandoned his contention (see People v. Britton, 113 A.D.3d 1101, 1102, 977 N.Y.S.2d 851, lv. denied 22 N.Y.3d 1154, 984 N.Y.S.2d 638, 7 N.E.3d 1126 ; see also People v. Linder, 114 A.D.3d 1200, 1200–1201, 979 N.Y.S.2d 754, lv. denied 23 N.Y.3d 1022, 992 N.Y.S.2d 805, 16 N.E.3d 1285 ; People v. Adams, 90 A.D.3d 1508, 1509, 936 N.Y.S.2d 406, lv. denied 18 N.Y.3d 954, 944 N.Y.S.2d 483, 967 N.E.2d 708 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.