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17 A.D.3d 608

People v. Morgano

Appellate Division of the Supreme Court of the State of New York · decided 2005-04-18

Decided 2005-04-18

¶1Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered March 14, 2000, convicting him of burglary in the second degree (two counts), upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (Rosato, J.), of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

¶2Ordered that the judgment is affirmed.

¶3Contrary to the defendant’s contention, there was probable cause to arrest him and the search of his bag was proper as incident to the arrest (see People v Roque, 99 NY2d 50, 53-54 [2002]; People v Hollman, 79 NY2d 181, 184 [1992]; People v Ralston, 303 AD2d 1014 [2003]).

¶4The defendant’s remaining contentions, including those raised in his supplemental pro se brief, are without merit. Florio, J.P., S. Miller, Santucci and Spolzino, JJ., concur.

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