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PEOPLE v. MURPHY

176 A.D.2d 899 (1991)

The People of the State of New York, Respondent, v. Bobby Murphy, Appellant

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

October 21, 1991

Ordered that the judgment is affirmed.

We find that the defendant's contention that Police Officer Louis Ayala's assertion of his Fifth Amendment privilege was unjustified was not preserved for appellate review because the defendant did not make this argument at trial (see, CPL 470.05 [2]; People v Udzinski, 146 A.D.2d 245, 248-252). In any event, Officer Ayala had "`a reasonable cause to apprehend danger'" (Flushing...

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