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PEOPLE v. MARTIN

135 A.D.2d 836 (1987)

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

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

December 28, 1987

Ordered that the judgment is affirmed.

Initially, the defendant argues that the court erred in denying that branch of his omnibus motion which was to suppress a weapon found during the effectuation of his arrest. We disagree. Since the defendant failed to pursue the issue of probable cause to arrest him before the hearing court, he cannot now rely upon this issue as a ground for reversal in this court (see, People...

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