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People v. Hossain

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 2002
298 A.D.2d 599 (N.Y. App. Div. 2002)

Opinion

1995-09336

Submitted October 7, 2002.

October 28, 2002.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Braun, J.), rendered September 18, 1995, convicting him of criminal possession of a weapon in the third degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Griffin, J.), of that branch of the defendant's omnibus motion which was to suppress physical evidence.

Andrew C. Fine, New York, N.Y. (Jeffrey Dellheim of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Lisa Drury, and Johnnette Traill of counsel), for respondent.

Before: NANCY E. SMITH, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the suppression hearing should have been reopened based on the trial testimony of the eyewitness who identified the defendant's car to the arresting officer is unpreserved for appellate review. The defendant failed to ask the trial court to reopen the hearing based on the eyewitness's trial testimony (see CPL 470.05; People v. Lopez, 71 N.Y.2d 662, 665; People v. Martin, 50 N.Y.2d 1029, 1031). In any event, that contention is without merit (see CPL 710.40; People v. Clark, 88 N.Y.2d 552, 555).

SMITH, J.P., McGINITY, LUCIANO and CRANE, JJ., concur.


Summaries of

People v. Hossain

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 2002
298 A.D.2d 599 (N.Y. App. Div. 2002)
Case details for

People v. Hossain

Case Details

Full title:THE PEOPLE, ETC., respondent, v. MOZZAM HOSSAIN, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 28, 2002

Citations

298 A.D.2d 599 (N.Y. App. Div. 2002)
748 N.Y.S.2d 688

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