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THE PEOPLE, ETC., respondent, v. DERRICK EVERETT, appellant. (Ind. No. 656/97)

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the hearing court's determination that the police had probable cause to arrest him for criminal trespass is supported by the record (see, Matter of Bobby J., 249 A.D.2d 305; People v. Barbarcich, 166 A.D.2d 655; People v. Smith, 139 A.D.2d 783; Matter of Troy F., 138 A.D.2d 707). Thus, the hearing court properly denied suppression of the physical evidence recovered after his arrest.

The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.15) or without merit.

JOY, J.P., FRIEDMANN, SCHMIDT, and SMITH, JJ., concur.

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PEOPLE v. EVERETT
(Oct 18, 1999)