Legal Opinion

People v. Brooks

Appellate Division of the Supreme Court of the State of New York

Decided September 27, 1996PublishedCited by 2 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: County Court properly denied the motion of defendant to suppress physical evidence seized from him at the time of his arrest. The record supports the court’s finding that an occupant of the apartment in which defendant was arrested consented to the officers’ entry. In moving to suppress, defendant failed to challenge the arrest upon the ground that the Federal warrant did not authorize the local officers to arrest him. Thus, defendant failed to preserve that issue for appellate review (see, CPL 470.05 [2]; People v Claudio, 64 NY2d 858), and we…

2Cases cited3 opinions

  1. People v. PelchatNew York Court of Appeals · 1984
  2. People v. ClaudioNew York Court of Appeals · 1985
  3. People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by2 opinions

  1. People v. HighsmithAppellate Division of the Supreme Court of the State of New York · 1998
  2. People v. HoneycuttAppellate Division of the Supreme Court of the State of New York · 1999

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