People v. Shaw

205 A.D.2d 464, 615 N.Y.S.2d 989, 1994 N.Y. App. Div. LEXIS 7030

Opinion

Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered April 22, 1992, convicting defendant, after a jury trial, of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, and imposing a fine of $5,000, unanimously affirmed.

Defendant failed to preserve for appellate review his claim that the officers improperly searched his bag after his arrest (CPL 470.05 [2]), and we decline to review in the interest of justice. This fact based claim, raised by defendant for the first time on appeal, does not warrant reversal (see, People v Tutt, 38 NY2d 1011, 1013).

We have considered defendant’s remaining arguments and find them to be without merit. Concur—Rosenberger, J. P., Ellerin, Ross, Rubin and Nardelli, JJ.