From Casetext: Smarter Legal Research

People v. Losicco

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 1985
114 A.D.2d 975 (N.Y. App. Div. 1985)

Opinion

November 18, 1985

Appeal from the County Court, Westchester County (Ingrassia, J.).


Judgment affirmed.

The record supports the denial of defendant's motion to suppress his confession, as it was made after he knowingly and intelligently waived his Miranda rights. The record is devoid of any indication of coercive behavior on the part of the police (cf. People v Anderson, 42 N.Y.2d 35).

As defendant had never previously raised the other arguments he is presently asserting regarding the admissibility of his confession and whether he had a legitimate expectation of privacy in his acquaintance's home where he was arrested, these issues have not been preserved for review as a matter of law (see, People v Tutt, 38 N.Y.2d 1011; People v Smith, 108 A.D.2d 763; People v Jones, 81 A.D.2d 22). We decline to address them in the interest of justice. O'Connor, J.P., Niehoff, Lawrence and Kooper, JJ., concur.


Summaries of

People v. Losicco

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 1985
114 A.D.2d 975 (N.Y. App. Div. 1985)
Case details for

People v. Losicco

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRY LOSICCO…

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

Date published: Nov 18, 1985

Citations

114 A.D.2d 975 (N.Y. App. Div. 1985)