PEOPLE v. UMSTEAD

16420, 4592/10.

134 A.D.3d 522 (2015)

21 N.Y.S.3d 249

2015 NY Slip Op 09223

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES UMSTEAD, Appellant.

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

Decided December 15, 2015.


The court properly denied defendant's suppression motion. Defendant's claim that a showup should have been suppressed as fruit of an unlawful seizure is unpreserved because counsel made no suppression arguments, and because the record does not establish that the court "expressly decided" the same issue raised on appeal "in re[s]ponse to a protest by a party" (CPL 470.05 [2]; see People v Turriago, 90 N.Y.2d 77, 83-84 [1997]; People...

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