People v. Bellow, 255 A.D.2d 450 (N.Y. App. Div. 2d Dep't 1998). · Go Syfert
People v. Bellow, 255 A.D.2d 450 (N.Y. App. Div. 2d Dep't 1998). Cases Citing This Book View Copy Cite
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The People of the State of New York
v.
Michael Bellow
Appellate Division of the Supreme Court of the State of New York.
Nov 16, 1998.
Published opinion
255 A.D.2d 450
1998 N.Y. App. Div. LEXIS 12001
Cited by 4 opinions  |  Published

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dunlop, J.), rendered September 19, 1997, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and sentencing him to an indeterminate term of 7 to 14 years imprisonment. The appeal brings up for review the denial, after a hearing (Finnegan, J.), of those branches of the defendant’s omnibus motion which were to suppress physical evidence and identification testimony.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence to an indeterminate term of 5 to 10 years imprisonment; as so modified, the judgment is affirmed.

The defendant’s contentions in support of his argument that the police lacked probable cause for his arrest are unpreserved for appellate review (see, People v Brown, 232 AD2d 168; People v Rush, 230 AD2d 924). In any event, the record demonstrates that the police had probable cause to arrest the defendant (see, People v Haynes, 251 AD2d 595).

The sentence imposed is excessive to the extent indicated herein. Rosenblatt, J. P., Miller, Thompson and Joy, JJ., concur.