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People v. Claudio

Court of Appeals of the State of New York
Feb 14, 1985
64 N.Y.2d 858 (N.Y. 1985)

Opinion

Decided February 14, 1985

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Judith A. Hillery, J.

David Steinberg for appellant.

William V. Grady, District Attorney ( Joan H. McCarthy of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant's contention that his warrantless arrest in a public place was invalid because felony complaints charging him with the crimes for which he was arrested had already been filed has not been preserved for review by any argument or objection made in a written motion or at the suppression hearing. The additional claim with respect to County Court's ruling on defendant's Sandoval application was not preserved and, therefore, does not present an issue reviewable by this court ( see, People v Shields, 46 N.Y.2d 764, 765). Finally, the argument that defendant's guilty plea should not have been accepted is also not preserved for appellate review because defendant neither moved to withdraw the plea before sentencing nor raised the issue by a motion to vacate the judgment of conviction ( People v Bell, 47 N.Y.2d 839, 840).

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed in a memorandum.


Summaries of

People v. Claudio

Court of Appeals of the State of New York
Feb 14, 1985
64 N.Y.2d 858 (N.Y. 1985)
Case details for

People v. Claudio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEDRO CLAUDIO…

Court:Court of Appeals of the State of New York

Date published: Feb 14, 1985

Citations

64 N.Y.2d 858 (N.Y. 1985)
487 N.Y.S.2d 318
476 N.E.2d 644

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