People v. Graves — 209 A.D.2d 970

Majority

p. 970

The People of the State of New York, Respondent, v Martin Graves, Appellant.

(Appeal No. 1.)

[619 NYS2d 1018]

— Judgment unanimously affirmed. Memorandum: Defendant contends that his statements to the police and the lineup identification should be suppressed as the fruits of an unlawful arrest in violation of the rule enunciated in Payton v New York ( 445 US 573 ). Because that contention was not raised before the suppression court, it is not preserved for review (see, People v Smith, 55 NY2d 888 , 890; People v Martin, 50 NY2d 1029 , 1030-1031; People v Major, 195 AD2d 1051 ). (Appeal from Judgment of Monroe County Court, Egan, J.— Criminal Possession Weapon, 2nd Degree.) Present—Pine, J. P., Balio, Callahan, Davis and Boehm, JJ.

Cases cited

Payton v. New York 445 US 573 SCOTUS 1980-04-15 p. 970
People v. Smith 55 NY2d 888 N.Y. 1982-02-09 at 890 p. 970
People v. Martin 50 NY2d 1029 N.Y. 1980-07-03 at 1030-1031 p. 970