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PEOPLE v. OCHOA

263 A.D.2d 359 (1999)

692 N.Y.S.2d 388

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FERNANDO OCHOA, Appellant.

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

Decided July 1, 1999.

Defendant's suppression motion was properly denied in its entirety. The record amply supports the court's finding that defendant's consent to search his bags was freely and voluntarily given, based on the totality of circumstances, including defendant's background and cooperative attitude and the absence of coercive police conduct (see, People v Gonzalez, 39 N.Y.2d 122, 128-130). Defendant's additional suppression claims are unpreserved...

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