People v. Salazar

Appellate Division of the Supreme Court of New York

People v. Salazar

15 A.D.3d 273, 789 N.Y.S.2d 424, 2005 N.Y. App. Div. LEXIS 1691

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 17, 2005

StatusPublished

This text of 15 A.D.3d 273 (People v. Salazar) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Salazar, 15 A.D.3d 273, 789 N.Y.S.2d 424, 2005 N.Y. App. Div. LEXIS 1691 (N.Y. Ct. App. 2005).

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Opinion

Judgment, Supreme Court, New York County (Franklin R. Weissberg, J., at hearing; Ronald A. Zweibel, J., at jury trial and sentence), rendered November 21, 1994, convicting defendant of robbery in the first degree (two counts) and robbery in the second degree, and sentencing him to concurrent terms of 5 to 15 years, unanimously affirmed.

Defendant failed to preserve his current argument that the search at issue did not constitute a lawful search incident to arrest (see People v Shabazz, 99 NY2d 634 [2003]; People v Tutt, 38 NY2d 1011 [1976]; People v Graham, 211 AD2d 55, 61 n 2 [1995], lv denied 86 NY2d 795 [1995]), and we decline to review his claim in the interest of justice. Accordingly, we decline to disturb the hearing court’s ruling denying suppression. Concur — Buckley, EJ., Saxe, Friedman, Williams and Sweeny, JJ.

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Judgment, Supreme Court, New York County (Franklin R. Weissberg, J., at hearing; Ronald A. Zweibel, J., at jury trial and sentence), rendered November 21, 1994, convicting defendant of robbery in the first degree (two counts) and robbery in the second degree, and sentencing him to concurrent terms of 5 to 15 years, unanimously affirmed.

Defendant failed to preserve his current argument that the search at issue did not constitute a lawful search incident to arrest (see People v Shabazz, 99 NY2d 634 [2003]; People v Tutt, 38 NY2d 1011 [1976]; People v Graham, 211 AD2d 55, 61 n 2 [1995], lv denied 86 NY2d 795 [1995]), and we decline to review his claim in the interest of justice. Accordingly, we decline to disturb the hearing court’s ruling denying suppression. Concur — Buckley, EJ., Saxe, Friedman, Williams and Sweeny, JJ.

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Bluebook (online)

15 A.D.3d 273, 789 N.Y.S.2d 424, 2005 N.Y. App. Div. LEXIS 1691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-salazar-nyappdiv-2005.

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