Legal Opinion
People v. Calderon
Appellate Division of the Supreme Court of the State of New York
Decided February 28, 2012PublishedCited by 6 opinions
1Opinion of the Court
The court properly denied defendant’s suppression motion. Defendant argues that the police lacked the necessary predicate for requesting permission to search the car in which he was riding. At the suppression hearing, defendant raised other issues relating to the driver’s consent. However, he never alerted the court to the particular issue raised on appeal, and the court did not “expressly decide[ ]” (CPL 470.05 [2]) that issue (see People v Turriago, 90 NY2d 77, 83-84 [1997]; see also People v Colon, 46 AD3d 260, 263 [2007]). Accordingly, we decline to review this claim in the interest of…
2Cases cited4 opinions
- People v. TurriagoNew York Court of Appeals · 1997
- People v. ColonAppellate Division of the Supreme Court of the State of New York · 2007
- People v. BrooksAppellate Division of the Supreme Court of the State of New York · 2005
- People v. MartinAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by6 opinions
- People v. SmallsAppellate Division of the Supreme Court of the State of New York · 2013
- People v. DialloAppellate Division of the Supreme Court of the State of New York · 2023
- People v. DialloAppellate Division of the Supreme Court of the State of New York · 2023
- People v. SharmaAppellate Division of the Supreme Court of the State of New York · 2023
- People v. SharmaAppellate Division of the Supreme Court of the State of New York · 2023
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