People v. Lewis

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a jury trial of murder in the second degree (Penal Law §§ 20.00, 125.25 [3]) and four counts of robbery in the first degree (Penal Law §§ 20.00, 160.15 [1], [4]) in connection with a “home invasion” robbery. Defendant contends that County Court erred in failing to conduct a probable cause hearing based upon the allegations in that part of his omnibus motion seeking a Huntley hearing. We disagree. Defendant failed to seek a probable cause hearing in his omnibus motion (see, CPL 710.60 [1]) and,…