PEOPLE v. FUNG


227 A.D.2d 173 (1996)

642 N.Y.S.2d 14

The People of the State of New York, Respondent, v. Jose Fung, Appellant

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

May 7, 1996


Defendant's general allegations in his motion papers that the search of him was "unlawful" and without a "search warrant" and defense counsel's resting "on the record" at the suppression hearing were insufficient to preserve for appellate review his current claim that the search could not be justified as a search incident to an arrest since it was not conducted contemporaneously with his arrest, the property was not within his "`grabbable' area" and no exigent circumstances...

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