PEOPLE v. DAVENPORT


9 A.D.3d 316 (2004)

780 N.Y.S.2d 14

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCY DAVENPORT, Appellant.

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

July 22, 2004.


The court properly denied defendant's motion to suppress physical evidence. Since defendant conceded at the suppression hearing that the police had the right to stop and frisk her, her current argument to the contrary is unpreserved (see e.g. People v Vasquez, 66 N.Y.2d 968 [1985], cert denied 475 U.S. 1109 [1986]), and we decline to review it in the interest of justice. Furthermore, the record is insufficient to permit review...

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