| People v O'Kane |
| 2008 NY Slip Op 07195 [55 AD3d 315] |
| October 2, 2008 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v DavidO'Kane, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Marc Krupnick of counsel), forrespondent.
Judgments, Supreme Court, New York County (Arlene R. Silverman, J.), rendered July 8,2004, convicting defendant, upon his plea of guilty, of criminal possession of a controlledsubstance in the fourth degree and criminal sale of a controlled substance in the fifth degree, andsentencing him, as a second felony offender, to an aggregate term of 3 to 6 years, unanimouslyaffirmed.
The court properly exercised its discretion in denying defendant's request for an adjournmentof the suppression hearing, which was about to commence, in order to permit him to proceedwith retained counsel, and there was no violation of defendant's right to retain counsel of his ownchoosing (see People v Arroyave, 49 NY2d 264, 270-271 [1980]). Defendant, who hadbeen represented by assigned counsel for several months, stated that he believed his family hadhired a lawyer. However, no such attorney ever appeared or contacted the court.
The court properly denied defendant's suppression motion. In a drug-prone location, a trainedand experienced narcotics officer observed what he recognized as drug activity when defendanthanded unidentified objects to three individuals lined up in front of him. Furthermore, when theofficer approached, defendant made a spontaneous statement that could reasonably be construedas evincing consciousness of guilt. These factors provided probable cause for defendant's arrest(see e.g. People v Stephens, 41AD3d 342 [2007], lv denied 9 NY3d 964 [2007]).[*2]
Defendant's arguments concerning his motion towithdraw his plea, including his constitutional claims, are without merit.Concur—Lippman, P.J., Gonzalez, Nardelli, Acosta and DeGrasse, JJ.