People v. Walker — 256 A.D.2d 482

Majority

p. 482

The People of the State of New York, Respondent, v Dwayne Walker, Appellant.

[683 NYS2d 434]

—Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered February 2, 1995, convicting him of criminal possession of a controlled substance in the third 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.

Ordered that the judgment is affirmed.

The defendant’s arrest was lawfully based upon a properly

p. 483

executed warrant, and the ensuing search of his person was therefore valid (see, People v Dougherty, 251 AD2d 344 ; People v Jackson, 241 AD2d 557 ; People v McCoy, 239 AD2d 437 ; see also, Whren v United States, 517 US 806 ; People v Troiano, 35 NY2d 476 ; People v Lester, 232 AD2d 427 ).

The defendant’s remaining contentions are either unpreserved for appellate review (see, People v Fields, 215 AD2d 775 ; People v Holiday, 213 AD2d 672 ; People v Wannamaker, 211 AD2d 832 ; cf., People v Graves, 85 NY2d 1024 ), or without merit (see, People v Prochilo, 41 NY2d 759 ). Rosenblatt, J. P., Ritter, Copertino and Thompson, JJ., concur.

Cases cited

People v. Dougherty 251 AD2d 344 N.Y. App. Div. 1998-06-01 p. 483
People v. Jackson 241 AD2d 557 N.Y. App. Div. 1997-07-28 p. 483
Whren v. United States 517 US 806 SCOTUS 1996-06-10 p. 483
People v. Troiano 35 NY2d 476 N.Y. 1974-12-20 p. 483
People v. Fields 215 AD2d 775 N.Y. App. Div. 1995-05-30 p. 483
People v. Holiday 213 AD2d 672 N.Y. App. Div. 1995-03-27 p. 483
People v. Graves 85 NY2d 1024 N.Y. 1995-06-15 p. 483