| People v Jie Chen |
| 2015 NY Slip Op 05260 [129 AD3d 548] |
| June 18, 2015 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Jie Chen, Appellant. |
Stephen Shaiken, Flushing, for appellant.
Robert T. Johnson, District Attorney, Bronx (Katherine A. Gregory of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), renderedSeptember 16, 2009, convicting defendant, after a jury trial, of failure to disclose theorigin of a recording in the first degree, and sentencing her to a term of five years'probation, unanimously affirmed.
The court properly denied defendant's suppression motion. There is no basis fordisturbing the court's credibility determinations (see People v Prochilo, 41 NY2d759, 761 [1977]), including its acceptance of a specially trained officer's testimony that,before arresting defendant, he observed that the DVDs defendant was selling werecounterfeit. Accordingly, the officer had probable cause for defendant's arrest.
Defendant's remaining suppression argument is unpreserved and we decline toreview it in the interest of justice. We note that the People were never placed on notice ofany need to develop the record (see People v Martin, 50 NY2d 1029 [1980];People v Tutt, 38 NY2d 1011 [1976]) as to the particular issue defendant nowraises. As an alternative holding, we find that the hearing record, and the reasonableinferences to be drawn therefrom, support the conclusion that the search of defendant'sbag was justified. Concur—Gonzalez, P.J., Tom, Friedman and Kapnick, JJ.