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PEOPLE v. MILES

58 A.D.3d 872 (2009)

873 N.Y.S.2d 125

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM MILES, Appellant.

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

January 27, 2009.

Ordered that the judgment is affirmed.

Contrary to the People's contention, the defendant's claim with respect to the alleged unreasonableness of the police conduct during the traffic stop is preserved for appellate review because it was "expressly decided" by the Supreme Court (CPL 470.05 [2]; see People v Marshall, 51 A.D.3d 821 [2008]). The Supreme Court properly declined to suppress the physical evidence and the defendant...

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