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PEOPLE v. GARCIA

303 A.D.2d 600 (2003)

756 N.Y.S.2d 492

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCISCO GARCIA, Also Known as CARLOS ESTRADA, Appellant.

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

Decided March 17, 2003.

Ordered that the judgment is affirmed.

The defendant's contention that the hearing court should have suppressed certain identification evidence and his statement as the fruits of an unlawful search is unpreserved for appellate review (see People v Fenner, 61 N.Y.2d 971 [1984]; People v Warner, 125 A.D.2d 430 [1986]). In any event, the defendant had abandoned the bag which was searched...

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