People v. Merle

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum, J.), rendered January 15, 1997, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Rutledge, J.), of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the Supreme Court providently exercised its discretion in precluding him from calling an…