| People v Oliver |
| 2011 NY Slip Op 02703 [82 AD3d 1267] |
| March 29, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v KevinOliver, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Gary Fidel and Edward D. Saslawof counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Roman,J.), rendered October 30, 2007, convicting him of criminal possession of a weapon in the thirddegree, criminal possession of a weapon in the fourth degree, unlawful possession of marijuana,unlawful possession of handcuffs in violation of Administrative Code of the City of New York§ 10-147, and unlawful possession of a radio device, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
We reject the defendant's request that we reconsider a prior decision and order of this Courtdated April 24, 2007, which reversed so much of an order of the Supreme Court as granted thatbranch of the defendant's omnibus motion which was to suppress physical evidence (seePeople v Oliver, 39 AD3d 880 [2007]). There was no showing that the decision and orderwas based on manifest error, or that exceptional circumstances warrant departure from thedoctrine of the law of the case (see People v Scalercio, 10 AD3d 697 [2004]; People vO'Hara, 274 AD2d 486 [2000], affd 96 NY2d 378 [2001]; People vQuinones, 254 AD2d 308, 309 [1998]; People v Jacobs, 220 AD2d 617 [1995];People v Williams, 188 AD2d 573 [1992]; People v Barnes, 155 AD2d 468[1989]). Covello, J.P., Hall, Lott and Cohen, JJ., concur.