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People v. Vasquez

489 N.E.2d 757, 66 N.Y.2d 968, 498 N.Y.S.2d 788, 1985 N.Y. LEXIS 18256
CourtNew York Court of Appeals
DecidedDecember 17, 1985
StatusPublished
Cited by34 cases

This text of 489 N.E.2d 757 (People v. Vasquez) 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. Vasquez, 489 N.E.2d 757, 66 N.Y.2d 968, 498 N.Y.S.2d 788, 1985 N.Y. LEXIS 18256 (N.Y. 1985).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

[970]*970While defendant on this appeal complains that the police officer, by leaning into the car through an open window, violated his Fourth Amendment rights, the question presented to the suppression court, and ruled on by that court, was whether defendant’s rights were violated by the officer’s opening of the car door and reaching into the automobile to recover a weapon. Defendant’s failure to preserve his present argument, by specifically placing it for disposition before the suppression court, leaves no basis for our review. Defendant’s alternative contention, that he should not have been charged with possession of the guns because he was outside the car when they were found, has been waived by his guilty plea.

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

Order affirmed in a memorandum.

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Bluebook (online)
489 N.E.2d 757, 66 N.Y.2d 968, 498 N.Y.S.2d 788, 1985 N.Y. LEXIS 18256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vasquez-ny-1985.