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PEOPLE v. CHATELAIN

65 A.D.3d 930 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BILLY CHATELAIN, Appellant.

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

Decided September 22, 2009.

The court properly denied defendant's suppression motion. Defendant's arguments that the arresting officer should have issued a summons rather than arresting defendant and conducting a search incident to that arrest are unpreserved (see People v Tutt, 38 N.Y.2d 1011 [1976]), and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits. Having observed defendant drive a vehicle...

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