People v. Givhan

Decision Date03 November 2010
Citation78 A.D.3d 730,911 N.Y.S.2d 83
PartiesThe PEOPLE, etc., respondent, v. Ronald GIVHAN, appellant.
CourtNew York Supreme Court — Appellate Division
911 N.Y.S.2d 83
78 A.D.3d 730


The PEOPLE, etc., respondent,
v.
Ronald GIVHAN, appellant.


Supreme Court, Appellate Division, Second Department, New York.

Nov. 3, 2010.

911 N.Y.S.2d 83

Stephen J. Pittari, White Plains, N.Y. (David B. Weisfuse of counsel), for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff, Richard Longworth Hecht, and Anthony J. Servino of counsel), for respondent.

911 N.Y.S.2d 84

PETER B. SKELOS, J.P., THOMAS A. DICKERSON, RANDALL T. ENG, and PLUMMER E. LOTT, JJ.

78 A.D.3d 730

Appeal by the defendant from a judgment of the County Court, Westchester County (Cohen, J.), rendered February 3,

78 A.D.3d 731
2009, convicting him of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Molea, J.), of that branch of the defendant's omnibus motion which was to suppress physical evidence.

ORDERED that the judgment is affirmed.

The hearing court properly denied that branch of the defendant's omnibus motion which was to suppress physical evidence. The record does not support the defendant's contention that the arresting officer's testimony was patently tailored to overcome constitutional objections, or was otherwise unworthy of belief ( see People v. Muriello, 71 A.D.3d 1050, 898 N.Y.S.2d 566; People v. Blankumsce, 66 A.D.3d 692, 693, 885 N.Y.S.2d 633; People v. Coles, 62 A.D.3d 1022, 1023, 878 N.Y.S.2d 913; People v. Cooks, 57 A.D.3d 796, 797, 870 N.Y.S.2d 80; People v. Rivera, 27 A.D.3d 489, 490, 812 N.Y.S.2d 575).

Furthermore, we reject the defendant's claim that he was deprived of a fair trial because the arresting officer was permitted to testify as to the content of a tip received from an anonymous informant indicating that a man matching the defendant's description was in possession of a gun. The challenged testimony was properly admitted to provide background information as to why the officer approached the defendant and to prevent the jury from drawing an unfair inference that the officer arbitrarily stopped the defendant ( see People v. Tosca, 98 N.Y.2d 660, 661, 746 N.Y.S.2d 276, 773 N.E.2d 1014; People v. Johnson, 76 A.D.3d 1103, 908 N.Y.S.2d 247; People v. Valdez, 69 A.D.3d 452, 453, 893 N.Y.S.2d 527; People v. Stevenson, 67 A.D.3d 605, 889 N.Y.S.2d 182; People v. Jenkins, 49 A.D.3d 780, 853 N.Y.S.2d 629; People v. Bailey, 21 A.D.3d 383, 384, ...

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