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People v. Jiminez

Appellate Division of the Supreme Court of New York, Second Department
Jan 23, 1989
146 A.D.2d 713 (N.Y. App. Div. 1989)

Opinion

January 23, 1989

Appeal from the Supreme Court, Kings County (Lagana, J.).


Ordered that the judgment is affirmed.

The defendant was found guilty of having acted as a lookout during the premeditated murder of a retired police officer. By failing to specifically present to the hearing court the issue of whether his statements should be suppressed on the ground that they were the result of an arrest made without probable cause, the defendant has failed to preserve the issue for appellate review as a matter of law (see, People v Jones, 81 A.D.2d 22), and we find no basis to reach the issue in the interest of justice.

We also disagree with the defendant's contention that his sentence was excessive. In light of the brutality of the crime, the sentence imposed was appropriate.

We have examined the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. Mangano, J.P., Brown, Kunzeman and Kooper, JJ., concur.


Summaries of

People v. Jiminez

Appellate Division of the Supreme Court of New York, Second Department
Jan 23, 1989
146 A.D.2d 713 (N.Y. App. Div. 1989)
Case details for

People v. Jiminez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ENRIQUE JIMINEZ…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 23, 1989

Citations

146 A.D.2d 713 (N.Y. App. Div. 1989)

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