People v. Vasquez

Decision Date17 December 1985
Citation498 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.
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURT MEMORANDUM.

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 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.

WACHTLER, C.J., and JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE, JJ., concur.

Order affirmed in a memorandum.

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47 cases
  • People v. John
    • United States
    • New York Court of Appeals Court of Appeals
    • 28 April 2016
    ...box, since that specific argument was not raised to the suppression court, it is beyond our review (see People v. Vasquez, 66 N.Y.2d 968, 970, 498 N.Y.S.2d 788, 489 N.E.2d 757 [1985] ). Defendant's remaining argument is that the admission into evidence of the laboratory reports violated his......
  • People v. Nelson, 106724
    • United States
    • New York Supreme Court — Appellate Division
    • 21 December 2017
    ...for our review (see CPL 470.05[2] ; People v. Miranda , 27 N.Y.3d 931, 932–933, 50 N.E.3d 224 [2016] ; People v. Vasquez , 66 N.Y.2d 968, 968, 498 N.Y.S.2d 788, 489 N.E.2d 757 [1985], cert. denied 475 U.S. 1109, 106 S.Ct. 1517, 89 L.Ed.2d 916 [1986] ; People v. Minori , 51 N.Y.2d 930, 931, ......
  • People v. John
    • United States
    • New York Court of Appeals Court of Appeals
    • 28 April 2016
    ...box, since that specific argument was not raised to the suppression court, it is beyond our review (see People v. Vasquez, 66 N.Y.2d 968, 970, 498 N.Y.S.2d 788, 489 N.E.2d 757 [1985] ). Defendant's remaining argument is that the admission into evidence of the laboratory reports violated his......
  • People v. Bradshaw
    • United States
    • New York Supreme Court — Appellate Division
    • 10 August 2010
    ...the time of the lineup, he was not lawfully in police custody because the Queens arrest was unlawful ( see People v. Vasquez, 66 N.Y.2d 968, 970, 498 N.Y.S.2d 788, 489 N.E.2d 757, cert. denied 475 U.S. 1109, 106 S.Ct. 1517, 89 L.Ed.2d 916; People v. Volpe, 60 N.Y.2d 803, 805, 469 N.Y.S.2d 6......
  • Request a trial to view additional results

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