PEOPLE v. KELLY

2010-09346

131 A.D.3d 484 (2015)

15 N.Y.S.3d 391

2015 NY Slip Op 06439

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRYAN KELLY, Appellant.

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

Decided August 5, 2015.


Ordered that the judgment is affirmed.

The defendant contends that the hearing court should have granted that branch of his omnibus motion which was to suppress physical evidence because the testimony of the arresting officer was incredible and patently tailored to meet constitutional objections. This contention is unpreserved for appellate review, as the defendant failed to raise this specific contention before the hearing court (see CPL 470.05 [2]; People...

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