Appellate Division of the Supreme Court of the State of New York September 29, 2009 (People v. McKenna)

Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered April 20, 2006, convicting him of operating a motor vehicle while under the influence of alcohol, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, without a hearing, of that branch of the defendant’s omnibus motion which was to suppress physical evidence.