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PEOPLE v. DAVIS

220 A.D.2d 445 (1995)

631 N.Y.S.2d 896

The People of the State of New York, Respondent, v. Demond Davis, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 2, 1995

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 suppress evidence (see, People v Braithwaite, 172 A.D.2d 548, 549). Because the defendant relies solely on the trial testimony in support of his claim that the cocaine seized from his car should have been suppressed, this claim is not properly before this...

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