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People v. Minori

51 N.Y.2d 930 Court N.Y. Decision date 1980-11-13 English

Judges Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Contents

Majority

p. 930
The People of the State of New York, Respondent, v August Minori, Appellant.
Argued October 16, 1980;
decided November 13, 1980
p. 931
APPEARANCES OF COUNSEL
William E. Hellerstein for appellant.
John J. Santucci, District Attorney (Aley Z. Alexander of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The affirmed finding that defendant’s room was not exclusively within his control is supported by sufficient evidence in the record and is therefore beyond our review (cf. People v Alexander, 37 NY2d 202 ). The contention that the defendant’s brother-in-law had no authority over the defendant’s room was not raised at the hearing and, having not been preserved, may not be considered on this appeal (cf. People v Tutt, 38 NY2d 1011 ).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum:

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