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PEOPLE v. SPEDALERI

85 A.D.2d 645 (1981)

The People of the State of New York, Respondent, v. James C. Spedaleri, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 14, 1981

Judgment affirmed.

By failing to make a motion to suppress evidence, the defendant waived his right to a judicial determination of his contention that the weapon in question was unlawfully seized (see CPL 710.70, subd 3). The defendant's contentions concerning the denial of his motion pursuant to CPL article 440 relate to material dehors the record and have not been considered in the determination of...

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