| People v Smalls |
| 2008 NY Slip Op 01180 [48 AD3d 488] |
| February 5, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Calvin Smalls, Appellant. |
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Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky,
and Daniel P. Murphy of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (McKay, J.), rendered January 18, 2006, convicting him of 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, of that branch of the defendant's omnibus motion which was to suppress physical evidence.
Ordered that the judgment is affirmed.
The defendant's contention that a gun should have been suppressed because he allegedly was subjected to an unreasonable search and detention is without merit (see People v Chestnut, 51 NY2d 14, 22-23 [1980], cert denied 449 US 1018 [1980]; People v Winchester, 14 AD3d 939, 940-941 [2005]; People v Bethea, 239 AD2d 510 [1997]; Matter of Anthony S., 181 AD2d 682 [1992]).
The defendant's remaining contentions are without merit (see People v Smith, 4 AD3d 378, 379 [2004]; People v McClary, 197 AD2d 640, 641 [1993]; People v Foster, 118 AD2d 654 [1986]; People v Jones, 106 AD2d 585 [1984]). Mastro, J.P., Fisher, Carni and McCarthy, JJ., concur.