People v. Davis

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Goldstein, J.), rendered August 22, 1994, convicting him of assault in the first degree and criminal possession of a controlled substance in the seventh degree, 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.

It is well settled that trial testimony may not be considered in reviewing a hearing court’s denial of a defendant’s motion to…