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People v. Claudio

476 N.E.2d 644, 64 N.Y.2d 858, 487 N.Y.S.2d 318, 1985 N.Y. LEXIS 14157
CourtNew York Court of Appeals
DecidedFebruary 14, 1985
StatusPublished
Cited by112 cases

This text of 476 N.E.2d 644 (People v. Claudio) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Claudio, 476 N.E.2d 644, 64 N.Y.2d 858, 487 N.Y.S.2d 318, 1985 N.Y. LEXIS 14157 (N.Y. 1985).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s contention that his warrantless arrest in a public place was invalid because felony complaints charging him with the crimes for which he was arrested had already been filed has not been preserved for review by any argument or objection made in a written motion or at the suppression hearing. The additional claim with respect to County Court’s ruling on defendant’s Sandoval application was not preserved and, therefore, does not present an issue reviewable by this court (see, People v Shields, 46 NY2d 764, 765). Finally, the argument that defendant’s guilty plea should not have been accepted is also not preserved for appellate review because defendant neither moved [859]*859to withdraw the plea before sentencing nor raised the issue by a motion to vacate the judgment of conviction (People v Bell, 47 NY2d 839, 840).

Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

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Bluebook (online)
476 N.E.2d 644, 64 N.Y.2d 858, 487 N.Y.S.2d 318, 1985 N.Y. LEXIS 14157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-claudio-ny-1985.