People v. Selby

—Appeal by the defendant from a judgment of the County Court, Westchester County (Leavitt, J.), rendered September 30, 1994, convicting him of burglary in the third degree, petit larceny, criminal mischief in the fourth degree, and criminal possession of stolen property in the fifth degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of the branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

At approximately 5:00 a.m., a uniformed police officer observed the…