People v. Smith

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Neary, J.), rendered March 6, 2013, convicting him of criminal possession of a weapon in the third degree, criminal possession of stolen property in the fifth degree, and petit larceny, upon a jury verdict, 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.

On July 15, 2011, at approximately 2:15 a.m., police officers received a report of a fight…