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66 N.Y.2d 968

People v. Vasquez

New York Court of Appeals

Decided December 17, 1985

New York Court of Appeals · decided 1985-12-17

Cited by 3 later decisions — most recently June 2018

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1985-12-17

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¶1OPINION OF THE COURT

¶2Memorandum.

¶3The order of the Appellate Division should be affirmed.

¶4*970While defendant on this appeal complains that the police officer, by leaning into the car through an open window, violated his Fourth Amendment rights, the question presented to the suppression court, and ruled on by that court, was whether defendant’s rights were violated by the officer’s opening of the car door and reaching into the automobile to recover a weapon. Defendant’s failure to preserve his present argument, by specifically placing it for disposition before the suppression court, leaves no basis for our review. Defendant’s alternative contention, that he should not have been charged with possession of the guns because he was outside the car when they were found, has been waived by his guilty plea.

¶5Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone concur.

¶6Order affirmed in a memorandum.

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