People v Prego

2013 NY Slip Op 00233 [102 AD3d 814]

January 16, 2013

Appellate Division, Second Department

As corrected through Wednesday, February 27, 2013

The People of the State of New York,Respondent, v Henry Prego, Appellant.

—[*1]Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas Constant of counsel),for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County(Kahn, J.), rendered November 16, 2010, convicting him of robbery in the first degree,upon his plea of guilty, and imposing sentence. The appeal brings up for review thedenial, after a hearing, of that branch of the defendant's omnibus motion which was tosuppress physical evidence, identification testimony, and his statements to lawenforcement officials.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the hearing court properly found that thepolice had probable cause to arrest the defendant (see People v Capela, 97 AD3d 760 [2012], lvdenied 19 NY3d 1024 [2012]). Accordingly, the court properly denied that branch ofthe defendant's omnibus motion which was to suppress physical evidence, identificationtestimony, and his statements to law enforcement officials. Dillon, J.P., Balkin,Chambers and Hall, JJ., concur.