PEOPLE v. GARCIA


277 A.D.2d 114 (2000)

716 N.Y.S.2d 298

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER GARCIA, Appellant.

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

Decided November 21, 2000.


Defendant's suppression motion was properly denied. Since this claim was neither argued by defendant at the hearing nor ruled upon by the court, defendant's argument that the police lacked probable cause to believe that he possessed the gun found under the hood of a car because he was only a passenger in the car has not been preserved for appellate review (see, People v Vasquez, 66 N.Y.2d 968, cert denied 475 U.S. 1109), and...

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