PEOPLE v. CALDERON

6822, 4911/09.

92 A.D.3d 606 (2012)

938 N.Y.S.2d 561

2012 NY Slip Op 1496

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARTIN CALDERON, Appellant.

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

Decided February 28, 2012.


The court properly denied defendant's suppression motion. Defendant argues that the police lacked the necessary predicate for requesting permission to search the car in which he was riding. At the suppression hearing, defendant raised other issues relating to the driver's consent. However, he never alerted the court to the particular issue raised on appeal, and the court did not "expressly decide[ ]" (CPL 470.05 [2]) that issue (see People v Turriago,

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