| People v Carvey |
| 2009 NY Slip Op 01814 [60 AD3d 781] |
| March 10, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v EricCarvey, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marion M. Tang of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.),rendered September 26, 2007, convicting him of criminal possession of a controlled substance inthe fifth degree, after a nonjury trial, and imposing sentence. The appeal brings up for review thedenial, after a hearing, of those branches of the defendant's omnibus motion which were tosuppress physical evidence and his statements to law enforcement officials.
Ordered that the judgment is affirmed.
The hearing court properly denied that branch of the defendant's omnibus motion which wasto suppress his statements to law enforcement officials since a reasonable person, innocent ofany crime, would not have believed that he was in custody at the time the defendant made hisstatements (see People v Ballard,16 AD3d 697, 698 [2005]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
The defendant's remaining contention is without merit. Rivera, J.P., Fisher, Leventhal andChambers, JJ., concur.