People v. Garcia

—Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered January 28, 1999, convicting defendant, after a jury trial, of robbery in the first and second degrees, and sentencing him, as a persistent violent felony offender, to concurrent terms of 20 years to life, unanimously affirmed.

Defendant’s suppression motion was properly denied. Since this claim was neither argued by defendant at the hearing nor ruled upon by the court, defendant’s argument that the police lacked probable cause to believe that he possessed the gun found under the hood of a car because he was only a…