People v Jenkins

2007 NYSlipOp 01799

March 6, 2007

Appellate Division, First Department

As corrected through Wednesday, May 9, 2007

The People of the State of New York, Respondent, v Quinn Jenkins, Appellant.

—[*1]Robert S. Dean, Center for Appellate Litigation (Abigail Everett of counsel), and Sonnenschein Nath & Rosenthal LLP, New York (Douglas B. Brasher of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Jung Park of counsel), for respondent.

Judgment, Supreme Court, New York County (Charles H. Solomon, J., at suppression hearing; Daniel P. FitzGerald, J., at plea and sentence), rendered July 7, 2005, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of six years, unanimously affirmed.

Defendant's argument that, in making its probable cause determination, the hearing court improperly relied on the minutes of an ex parte, in camera proceeding conducted pursuant to People v Darden (34 NY2d 177 [1974]) is unpreserved (see People v Tutt, 38 NY2d 1011 [1976]; see also People v Kello, 96 NY2d 740, 743-744 [2001]), and we decline to review it in the interest of justice. We have considered and rejected defendant's remaining claims. Concur—Friedman, J.P., Nardelli, Buckley, Catterson and McGuire, JJ.