Opinion
1098
May 8, 2003.
Judgment, Supreme Court, Bronx County (Harold Silverman, J. at suppression hearing; Lawrence Bernstein, J. at plea and sentence), rendered June 13, 2000, convicting defendant of criminal possession of a controlled substance in the second degree, and sentencing him to a term of 3 years to life, unanimously affirmed.
Zaharah R. Markoe, for respondent.
Jeffrey Dellheim, for defendant-appellant.
Before: Mazzarelli, J.P., Saxe, Williams, Marlow, Gonzalez, JJ.
The court properly denied defendant's suppression motion. The only issue raised by defendant on appeal concerns an airport seizure that he did not challenge before the suppression court. Accordingly, defendant's present argument is unpreserved (see People v. Martin, 50 N.Y.2d 1029), and we decline to review it in the interest of justice. Moreover, the present issue is unreviewable because the relevant facts are outside the record (see People v. Kinchen, 60 N.Y.2d 772).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.