Majority
p. 969The People of the State of New York, Respondent, v Oscar L. Sneed, Jr., Appellant. [595 NYS2d 341]
—Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed in accordance with the following Memorandum: Defendant’s contention that his state
p. 970
ment should have been suppressed based on a violation of Payton v New York ( 445 US 573 ) was not raised before the suppression court and is unpreserved for our review (see, People v Martin, 50 NY2d 1029 ). We decline to reach that issue in the interest of justice. We modify, however, to provide that all sentences run concurrently (see, CPL 470.15 [6] [b]). (Appeal from Judgment of Monroe County Court, Egan, J.— Attempted Rape, 1st Degree.) Present — Callahan, J. P., Pine, Lawton, Boomer and Davis, JJ.
Cases cited
- Payton v. New York 445 US 573 p. 970
- People v. Martin 50 NY2d 1029 p. 970