PEOPLE v. WATSON (2009)

Judgment, Supreme Court, New York County (Robert Straus, J. at hearing;  Robert M. Stolz, J. at jury trial and sentence), rendered March 29, 2005, as amended March 5, 2007, convicting defendant of criminal possession of a controlled substance in the third and fifth degrees, and resentencing him, as a second felony offender, to concurrent prison terms of 4 1/212 to 9 years and 3 to 6 years, respectively, unanimously affirmed.

Previously, we held this matter in abeyance and remanded for a Mapp hearing (49 A.D.3d 385, 852 N.Y.S.2d 775 [2008] ).   We find no basis to disturb the hearing court's credibility determinations (see People v. Muhammed, 300 A.D.2d 54, 751 N.Y.S.2d 183 [2002], lv. denied 99 N.Y.2d 657, 760 N.Y.S.2d 121, 790 N.E.2d 295 [2003] ), or to conclude that the denial of the suppression motion was error (see People v. Butler, 292 A.D.2d 151, 738 N.Y.S.2d 194 [2002], lv. denied 98 N.Y.2d 673, 746 N.Y.S.2d 462, 774 N.E.2d 227 [2002] ).   Defendant's challenge to the adequacy of the trial court's response to a jury note is unpreserved (see People v. O'Hara, 96 N.Y.2d 378, 383, 729 N.Y.S.2d 396, 754 N.E.2d 155 [2001] ), and we decline to reach the issue in the interest of justice.   As an alternative holding, we find that the court's response was meaningful (see People v. Santi, 3 N.Y.3d 234, 248-249, 785 N.Y.S.2d 405, 818 N.E.2d 1146 [2004] ).