People v Thompson
2009 NY Slip Op 00571 [58 AD3d 879]
January 27, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 11, 2009


The People of the State of New York, Respondent,
v
Howard Thompson, Appellant.

[*1] Steven Banks, New York, N.Y. (Svetlana M. Kornfeind of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Gary Fidel and Ayelet Sela of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered January 16, 2007, convicting him of criminal possession of a controlled substance in the seventh degree (two counts), resisting arrest, and unlawful possession of marihuana, after a nonjury trial, and imposing sentence. The appeal brings up for review the denial, after a hearing (Grosso, J.), of that branch of the defendant's omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

The Supreme Court correctly determined that exigent circumstances justified the search of the defendant's bag (see People v Gokey, 60 NY2d 309, 312 [1983]).

The defendant's argument that the evidence at trial was legally insufficient to support the conviction for resisting arrest is without merit. Upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). Fisher, J.P., Miller, Carni and Balkin, JJ., concur.