People v. Thomas

197 A.D.2d 441, 604 N.Y.S.2d 700, 1993 N.Y. App. Div. LEXIS 9787

Opinion

—Judgments, Supreme Court, New York County, rendered July 15, 1991 (Donald Mark, J.) and October 17, 1991 (Brenda Soloff, J.), convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and fifth degrees and, after a guilty plea, of criminal possession of a controlled substance in the third degree, and sentencing him to concurrent terms of 5 ¥2 to 11, 3 ¥2 to 7, and 4 ¥2 to 9 years, respectively, unanimously affirmed.

On this record, there is no basis to disturb the suppression court’s findings on credibility (see, People v Garafolo, 44 AD2d 86, 88). Defendant’s claim that the court failed to give, sua sponte, a cautionary instruction with respect to the statement he made to the arresting officer is not preserved and we decline to review it in the interest of justice (see, People v Shuff, 168 AD2d 348, lv denied 77 NY2d 967). Concur—Rosenberger, J. P., Ellerin, Ross and Asch, JJ.