People v. Brewster

Appeal by the defendant from a judgment of the County Court, Nassau County (Honorof, J.), rendered April 1, 2005, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, pursuant to a stipulation in lieu of motions, of the suppression of physical evidence.

Ordered that the judgment is affirmed.

There is no basis to disturb the hearing court’s finding that the defendant voluntarily consented to give the police saliva and blood samples (see People v Hay, 37 AD3d 494 [2007]). Accordingly, suppression…