People v. Prego

• Decision Date: 16 January 2013
• Citation: 2013 N.Y. Slip Op. 00233,957 N.Y.S.2d 872,102 A.D.3d 814
• Parties: The PEOPLE, etc., respondent, v. Henry PREGO, appellant.
• Court: New York Supreme Court — Appellate Division

102 A.D.3d 814

957 N.Y.S.2d 872

2013 N.Y. Slip Op. 00233

The PEOPLE, etc., respondent,

v.Henry PREGO, appellant.

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

Jan. 16, 2013.

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas Constant of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered November 16, 2010, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence, identification testimony, and his statements to law enforcement officials.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the hearing court properly found that the police had probable cause to arrest the defendant ( see People v. Capela, 97 A.D.3d 760, 948 N.Y.S.2d 423,lv. denied19 N.Y.3d 1024, 953 N.Y.S.2d 557, 978 N.E.2d 109). Accordingly, the court properly denied that branch of the defendant's omnibus motion which was to suppress physical evidence, identification testimony, and his statements to law enforcement officials.

DILLON, J.P., BALKIN, CHAMBERS and HALL, JJ., concur.