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PEOPLE v. SMITH

219 A.D.2d 504 (1995)

631 N.Y.S.2d 335

The People of the State of New York, Respondent, v. Damon Smith, Appellant

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

September 19, 1995

Defendant's claim that the police testimony at the suppression hearing was unbelievable because medical records show that he was shot in the buttocks, and therefore could not have been facing the police during the shootout, as the officers testified, is unpreserved for appellate review as a matter of law, no such claim having been made before the suppression court (People v Gonzalez, 55 N.Y.2d 887), and review in the interest of...

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