People v. Martinez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County (Ira Beal, J., at suppression hearing; Daniel FitzGerald, J., at jury trial and sentence), rendered November 23, 1999, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him to a term of 2V3 to 7 years, unanimously affirmed.
Defendant’s suppression motion was properly denied. Since defendant’s challenge to the legality of the officers’ direction to him to show his hands during a traffic stop was neither raised nor expressly ruled upon in the suppression proceedings, that challenge is unpreserved and we decline to…
2Cases cited8 opinions
- People v. EllisNew York Court of Appeals · 1984
- People v. GalakNew York Court of Appeals · 1993
- People v. CarveyNew York Court of Appeals · 1997
- People v. David L.New York Court of Appeals · 1982
- People v. David L.Appellate Division of the Supreme Court of the State of New York · 1981
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3Cited by2 opinions
- People v. DunniganAppellate Division of the Supreme Court of the State of New York · 2003
- People v. KimbleAppellate Division of the Supreme Court of the State of New York · 2003