People v. Vasquez

• Decision Date: 17 December 1985
• Citation: 498 N.Y.S.2d 788,66 N.Y.2d 968,489 N.E.2d 757
• Parties: , 489 N.E.2d 757 The PEOPLE of the State of New York, Respondent, v. Louis VASQUEZ, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 788

498 N.Y.S.2d 788

66 N.Y.2d 968, 489 N.E.2d 757

The PEOPLE of the State of New York, Respondent, v.Louis VASQUEZ, Appellant.

Court of Appeals of New York.

Dec. 17, 1985.

Certiorari Denied April 7, 1986.

See 106 S.Ct. 1517.

Bernard Rosenbloom and Joseph Ostrowsky, Brooklyn, for appellant.

Robert M. Morgenthau, Dist. Atty. (Laurie E. Cohen and Norman Barclay, New York City, of counsel), for respondent.

OPINION OF THE COURTMEMORANDUM.

The order of the Appellate Division, 106 A.D.2d 327, 483 N.Y.S.2d 244, should be affirmed.

While 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...