| People v Inge |
| 2011 NY Slip Op 08954 [90 AD3d 675] |
| December 6, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Jamare Inge, Appellant. |
—[*1] William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.),rendered October 31, 2007, convicting him of criminal possession of a controlled substance inthe fifth degree, upon his plea of guilty, and imposing sentence. The appeal brings up for reviewthe denial, after a hearing, of that branch of the defendant's omnibus motion which was tosuppress physical evidence.
Ordered that the judgment is affirmed.
The defendant contends that the hearing court improperly denied that branch of his omnibusmotion which was to suppress physical evidence because the testimony of the arresting officer atthe pretrial suppression hearing was incredible and patently tailored to overcome constitutionalobjections. However, this contention is unpreserved for appellate review, as the defendant failedto raise this specific claim before the hearing court (see CPL 470.05 [2]; People v Rivera, 27 AD3d 489,490 [2006]). In any event, the defendant's contention is without merit. " 'The credibilitydeterminations of a hearing court are entitled to great deference on appeal, and will not bedisturbed unless clearly unsupported by the record' " (People v Moran, 68 AD3d 786, 787 [2009], quoting People v Martinez, 58 AD3d 870,870-871 [2009]). The evidence established that the police had probable cause to arrest thedefendant, and the seizure of cocaine from his pocket was legal as arising from a search incidentto a lawful arrest (see People v Parker, 306 AD2d 543 [2003]; People v Cooper,241 AD2d 553, 554 [1997]). Accordingly, the hearing court properly denied that branch of thedefendant's omnibus motion which was to suppress physical evidence.
The defendant's remaining contentions are unpreserved for appellate review and, in anyevent, are without merit. Rivera, J.P., Leventhal, Belen and Roman, JJ., concur.