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People v. Pagan

221 A.D.2d 572, 634 N.Y.S.2d 404, 1995 N.Y. App. Div. LEXIS 11952
Procedural entryThis page is a short order in People v. Pagan. Read the opinion of the Court — 191 A.D.2d 651 →
Appellate Division of the Supreme Court of the State of New York·Decided November 20, 1995·Published

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), rendered May 5, 1994, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of the branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

The defendant has not preserved for appellate review his contention that the hearing court erred by denying suppression of the drugs and the gun that Were recovered from his automobile at the time of his arrest on the ground that the police lacked probable cause to arrest him (see, People v Manuli, 156 AD2d 388; People v Claudio, 64 NY2d 858). In any event, we find no error in the hearing court’s conclusion that the arresting police officer had probable cause to arrest the defendant and search his vehicle (see, People v Galak, 81 NY2d 463; People v Rosario, 78 NY2d 583; People v Blasich, 73 NY2d 673; [573]*573People v Belton, 55 NY2d 49; People v Bonilla, 199 AD2d 519; People v Fulton, 189 AD2d 778).

In addition, the defendant has failed to preserve for appellate review the issue of the legal sufficiency of the evidence (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it is legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see, People v Tomlinson, 199 AD2d 352; People v Jones, 186 AD2d 681; People v Ramos, 181 AD2d 837; People v Vickers, 177 AD2d 608). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence (see, CPL 470.15 [5]).

The sentence that was imposed is not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are without merit. Balletta, J. P., Ritter, Copertino and Friedmann, JJ., concur.

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People v. Pagan, 221 A.D.2d 572, 634 N.Y.S.2d 404, 1995 N.Y. App. Div. LEXIS 11952 (N.Y. Ct. App. 1995).

221 A.D.2d 572 (People v. Pagan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Galak
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People v. Belton
432 N.E.2d 745 (New York Court of Appeals, 1982)
People v. Contes
454 N.E.2d 932 (New York Court of Appeals, 1983)
People v. Claudio
476 N.E.2d 644 (New York Court of Appeals, 1985)
People v. Blasich
541 N.E.2d 40 (New York Court of Appeals, 1989)
People v. Rosario
585 N.E.2d 766 (New York Court of Appeals, 1991)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Udzinski
146 A.D.2d 245 (Appellate Division of the Supreme Court of New York, 1989)
People v. Manuli
156 A.D.2d 388 (Appellate Division of the Supreme Court of New York, 1989)
People v. Vickers
177 A.D.2d 608 (Appellate Division of the Supreme Court of New York, 1991)
People v. Ramos
181 A.D.2d 837 (Appellate Division of the Supreme Court of New York, 1992)
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186 A.D.2d 681 (Appellate Division of the Supreme Court of New York, 1992)
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People v. Tomlinson
199 A.D.2d 352 (Appellate Division of the Supreme Court of New York, 1993)
People v. Bonilla
199 A.D.2d 519 (Appellate Division of the Supreme Court of New York, 1993)