PEOPLE v. BOYCE


300 A.D.2d 65 (2002)

751 N.Y.S.2d 30

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BATICE BOYCE, Appellant.

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

Decided December 10, 2002.


The trial court properly admitted cash recovered from defendant's person notwithstanding defendant's objection that no mention of the cash had been made at the pretrial suppression hearing. Defendant had moved to suppress both drugs and cash, but proceeded to trial without calling either the hearing or trial court's attention to the fact that there was no hearing testimony about the recovery of the cash. Accordingly, defendant acquiesced in the hearing court's failure to...

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