People v. Preston
Opinion of the Court
Under the circumstances of this case, the defendant’s contention that certain physical evidence should have been suppressed because two police officers lacked a proper basis for questioning him is without merit (see People v Riddick, 70 AD3d 1421, 1422 [2010]; People v Winchester, 14 AD3d 939, 940 [2005]).
Contrary to the People’s contention, the defendant’s remaining arguments regarding the propriety of the two police officers’ actions leading up to his arrest are properly before this Court (see People v Gray, 77 AD3d 766 [2010]), although those contentions are without merit. Notwithstanding the defendant’s contention that the officers chased him even though they lacked a “reasonable suspicion that [he] was involved in a felony or misdemeanor” (People v Moore, 6 NY3d 496, 499 [2006]), the
The defendant’s contention that he was penalized for going to trial rather than accepting a plea offer is without merit (see People v Davis, 27 AD3d 761, 762 [2006]; People v Evans, 16 AD3d 595, 596 [2005]). Additionally, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Rivera, J.E, Balkin, Hall and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.