PEOPLE v. MARTINEZ


289 A.D.2d 94 (2001)

734 N.Y.S.2d 64

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUBEN MARTINEZ, Appellant.

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

Decided December 13, 2001.


Defendant's suppression motion was properly denied. Since defendant's challenge to the legality of the officers' direction to him to show his hands during a traffic stop was neither raised nor expressly ruled upon in the suppression proceedings, that challenge is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would reject it. After the officers properly stopped defendant's van for a traffic violation, they saw him move...

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