People v Prego

People v Prego 2013 NY Slip Op 00233 Decided on January 16, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 16, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
RUTH C. BALKIN
CHERYL E. CHAMBERS
L. PRISCILLA HALL, JJ.
2011-00358
(Ind. No. 2960/09)

[*1]The People of the State of New York, respondent,

v

Henry Prego, appellant.




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.


DECISION & ORDER

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 AD3d 760, lv denied 19 NY3d 1024). 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.

ENTER:

Aprilanne Agostino

Clerk of the Court