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People v. Roache

Appellate Division of the Supreme Court of New York, Second Department
Nov 19, 1984
105 A.D.2d 811 (N.Y. App. Div. 1984)

Opinion

November 19, 1984

Appeal from the County Court, Orange County (Isseks, J.).


Judgment affirmed.

At no time did the defendant raise before the suppression court the issue that the physical evidence should have been suppressed because his arrest was effected in his home without a warrant and in the absence of exigent circumstances (see Payton v New York, 445 U.S. 573). By not pursuing that particular issue, the defendant has failed to preserve it for appellate review ( People v Smith, 55 N.Y.2d 888; People v Gonzalez, 55 N.Y.2d 887; People v Nieves, 102 A.D.2d 858; People v Jennings, 94 A.D.2d 802; see People v Kaminski, 58 N.Y.2d 886; cf. People v Gordon, 98 A.D.2d 781; People v Maerling, 89 A.D.2d 1001). Moreover, under the circumstances presented, review of this issue is not warranted as a matter of discretion in the interest of justice.

The record of the defendant's CPL 440 motion is not properly before us at this juncture (cf. People v Mishkin, 20 N.Y.2d 716; People v Gates, 36 A.D.2d 761).

We have considered the defendant's remaining contentions and find them to be without merit. Mangano, J.P., Gibbons, O'Connor and Brown, JJ., concur.


Summaries of

People v. Roache

Appellate Division of the Supreme Court of New York, Second Department
Nov 19, 1984
105 A.D.2d 811 (N.Y. App. Div. 1984)
Case details for

People v. Roache

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALTER ROACHE…

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

Date published: Nov 19, 1984

Citations

105 A.D.2d 811 (N.Y. App. Div. 1984)

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