People v. Booker

OPINION OF THE COURT

Memorandum.

The order appealed from should be affirmed. Our examination of the record shows that defendant’s motion to suppress the gun was not premised upon the failure to provide warnings in accordance with the mandate of Miranda v Arizona (384 US 436). This argument is not one which constitutes a question of law reviewable in this court despite the failure to timely raise the issue (compare People v Tutt, 38 NY2d 1011, with People v Michael, 48 NY2d 1). Hence, defendant’s failure to preserve this issue for review precludes his reliance upon it upon this appeal and…