People v. Smythe
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: By failing to move to suppress items seized from the 1977 Chevrolet Impala and room 112 at the Red Carpet Inn or to object to the admission of that evidence at trial, defendant waived his challenge to the warrants authorizing those searches (see, People v Bertolo, 65 NY2d 111; People v Scott, 201 AD2d 867, lv denied 83 NY2d 858). Although defendant moved to suppress evidence "seized from the defendant or from his home”, his papers fail to set forth sworn allegations of fact supporting the motion (see, CPL 710.60 [1]). Thus, defendant was not…
2Cases cited5 opinions
- People v. MendozaNew York Court of Appeals · 1993
- People v. DaghitaNew York Court of Appeals · 1949
- Matter of Vanderbilt (Rosner-Hickey)New York Court of Appeals · 1982
- People v. WatkinsAppellate Division of the Supreme Court of the State of New York · 1978
- People v. ScottAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by3 opinions
- People v. GovanAppellate Division of the Supreme Court of the State of New York · 2000
- In re Corey McC.Appellate Division of the Supreme Court of the State of New York · 1997
- NAPPI, DONATO, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2011