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PEOPLE v. WEST

58 A.D.3d 483 (2009)

871 N.Y.S.2d 120

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARRY WEST, Appellant.

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

January 15, 2009.

Defendant's contention that the police improperly searched a closed bag he was wearing at the time of his arrest is unpreserved and we decline to review it in the interest of justice. We reject defendant's argument that the court "expressly decided" the closed-container issue (CPL 470.05 [2]); on the contrary, it was never litigated or fully developed in testimony, and the court never addressed it (see People v Turriago,...

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