Opinion
May 18, 1987
Appeal from the County Court, Westchester County, Ritter, J., Lange, J.
Ordered that the judgment is affirmed.
We find that the jury correctly determined that Westchester County was the proper venue for the bringing of charges against the defendant since the evidence revealed that the defendant had constructive possession of the weapon during the entire automobile trip from Bronx County to White Plains in Westchester County (see, People v. Moore, 46 N.Y.2d 1; People v. Hetenyi, 304 N.Y. 80; People v. Goldswer, 39 N.Y.2d 656).
Moreover, the evidence proved beyond a reasonable doubt that the defendant was in possession of the weapon, by his exercise of dominion and control over it, during the entire automobile trip (cf., People v. Roberson, 41 N.Y.2d 106; People v. Vastola, 70 A.D.2d 918).
The defendant's contention that the conduct of the investigators was so egregious as to have denied him his due process rights is devoid of merit. We note that such a claim is properly one for a pretrial motion under CPL 210.40 (1) (e) (People v. Longwood, 116 A.D.2d 590). Because no such motion was made, the issue has not been preserved for our review. In any event, the defendant has failed to support his contention. The evidence demonstrated that he, and not the investigators, had initiated the events leading up to the crime, and that the investigators had not acted unlawfully (see, People v. Isaacson, 44 N.Y.2d 511).
Finally, we have examined the defendant's remaining contentions and find them to be without merit. Mollen, P.J., Thompson, Brown and Rubin, JJ., concur.