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People v. Melendez

261 A.D.2d 109 Court N.Y. App. Div. Decision date 1999-05-04 English

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p. 109
The People of the State of New York, Respondent, v Dave Melendez, Appellant.
[687 NYS2d 260]

—Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered November 20, 1996, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant’s allegations in his motion papers and argument at the suppression hearing, that the officers should have obtained a search warrant prior to entering the apartment, were insufficient to preserve defendant’s current claim that the officers should have obtained a warrant prior to conducting a second search following the first safety search of the apartment (People v Fung, 227 AD2d 173 , lv denied 88 NY2d 985 ), and we decline to review it in the interest of justice. Concur — Ellerin, P. J., Williams, Mazzarelli and Buckley, JJ.