People v. Thomas

• Decision Date: 19 October 1993
• Citation: 604 N.Y.S.2d 700,197 A.D.2d 441
• Parties: The PEOPLE of the State of New York, Respondent, v. John THOMAS, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

Page 700

604 N.Y.S.2d 700

197 A.D.2d 441

The PEOPLE of the State of New York, Respondent, v. John THOMAS, Defendant-Appellant.

Supreme Court of New York, Appellate Division,

First Department.

Oct. 19, 1993.

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 1/2 to 11, 3 1/2 to 7, and 4 1/2 to 9 year terms, respectively, unanimously affirmed.

On this record, there is no basis to disturb the suppression court's findings on credibility (see, People v. Garafolo, 44 A.D.2d 86, 88, 353 N.Y.S.2d 500). 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 A.D.2d 348, 564 N.Y.S.2d 132, lv. denied 77 N.Y.2d 967, 570 N.Y.S.2d 501, 573 N.E.2d 589).

ROSENBERGER, J.P., and ELLERIN, ROSS and ASCH, JJ., concur.