Legal Opinion

People v. Foster

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

Decided October 10, 2012Published

1Opinion of the Court

At the suppression hearing, the defendant did not raise the arguments he now raises on appeal as grounds for suppressing statements he made to the police at the police station. Accordingly, the defendant failed to preserve these arguments for appellate review (see CPL 470.05 [2]; People v Martin, 50 NY2d 1029 [1980]; People v Tutt, 38 NY2d 1011, 1013 [1976]). In any event, the defendant’s arguments are without merit (see People v Anderson, 42 NY2d 35, 38 [1977]; People v Berrios, 28 NY2d 361, 367 [1971]; People v Gega, 74 AD3d 1229 [2010]; People v James, 72 AD3d 844 [2010]; People v McCants,…

2Cases cited14 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. AndersonNew York Court of Appeals · 1977
  3. People v. BerriosNew York Court of Appeals · 1971
  4. People v. TuttNew York Court of Appeals · 1976
  5. People v. MartinNew York Court of Appeals · 1980

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