PEOPLE v. RIVERA (2008)

Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered January 18, 2007, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to a term of 2 1/212 years, unanimously affirmed.

 The court properly denied defendant's suppression motion.   There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380 [1977] ).   The hearing court had the unique opportunity to see and hear the witnesses.

 Since the only argument that defendant made before the hearing court was that the police testimony was incredible, all of the other arguments he raises on appeal are unpreserved (see People v. Tutt, 38 N.Y.2d 1011, 384 N.Y.S.2d 444, 348 N.E.2d 920 [1976];  see also People v. Buckley, 75 N.Y.2d 843, 552 N.Y.S.2d 912, 552 N.E.2d 160 [1990] ), and we decline to review them in the interest of justice.   As an alternative holding, we also reject them on the merits.   The police conduct was lawful at each stage of the encounter.