| People v Howard |
| 2010 NY Slip Op 02237 [71 AD3d 1443] |
| March 19, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Randy T.Howard, Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Geoffrey Kaeuper of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Alex R. Renzi, J.), renderedSeptember 6, 2006. The judgment convicted defendant, upon his plea of guilty, of criminalpossession of a weapon in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofcriminal possession of a weapon in the third degree (Penal Law § 265.02 [former (4)]).County Court denied that part of defendant's motion seeking to suppress physical evidenceobtained by the police on the ground that such evidence was the product of an illegal stop andarrest. Defendant contends for the first time on appeal that the court erred in refusing to suppressthe weapon on the ground that the People failed to establish at the suppression hearing thecircumstances surrounding the discovery of the weapon. Thus, that contention is not preservedfor our review (see People v Carlson, 277 AD2d 158, 159 [2000], lv denied 96NY2d 733 [2001]), and we decline to exercise our power to review it as a matter of discretion inthe interest of justice (see CPL 470.15 [6] [a]). Present—Scudder, P.J., Peradotto,Carni, Green and Gorski, JJ.