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People v. McNeilPeople v. McNeil

Appellate Division of the Supreme Court of the State of New York
Jan 8, 2008
Versions:47 A.D.3d 647
848 N.Y.S.2d 542

Ordered that the judgment is affirmed.

Contrary to the defendant‘s contention, there was a sufficient basis for the hearing court to conclude that the police possessed probable cause to arrest the defendant (see People v De Bour, 40 NY2d 210, 223 [1976]; People v Jackson, 282 AD2d 473, 473-474 [2001]). Nothing in the record supports the defendant‘s contention that the testimony of the arresting detective at the hearing was incredible or patently tailored to nullify constitutional objections (see People v James, 19 AD3d 617, 618 [2005]). Accordingly, the hearing court properly denied that branch of the defendant‘s omnibus motion which was to suppress the physical evidence.

The defendant‘s remaining contention is unpreserved for appellate review and we decline to review it in the exercise of our interest of justice jurisdiction. Crane, J.P., Rivera, Florio and Balkin, JJ., concur.

Case Details

Case Name: People v. McNeil
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jan 8, 2008
Citations: 47 A.D.3d 647; 848 N.Y.S.2d 542
Court Abbreviation: N.Y. App. Div.
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