People v. Melendez

261 A.D.2d 109, 687 N.Y.S.2d 260, 1999 N.Y. App. Div. LEXIS 4600

Opinion

—Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered November 20, 1996, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant’s allegations in his motion papers and argument at the suppression hearing, that the officers should have obtained a search warrant prior to entering the apartment, were insufficient to preserve defendant’s current claim that the officers should have obtained a warrant prior to conducting a second search following the first safety search of the apartment (People v Fung, 227 AD2d 173, lv denied 88 NY2d 985), and we decline to review it in the interest of justice. Concur — Ellerin, P. J., Williams, Mazzarelli and Buckley, JJ.