PEOPLE v. SMITH

370, 3614N/11.

137 A.D.3d 442 (2016)

26 N.Y.S.3d 521

2016 NY Slip Op 01549

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RASHAWN SMITH, Appellant.

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

Decided March 3, 2016.


Initially, we find that the record does not establish a valid waiver of defendant's right to appeal. However, we find that the court properly denied defendant's suppression motion.

Defendant asserts that the officers' initial contact with defendant constituted at least a common-law inquiry, and that it was not supported by the requisite founded suspicion of criminality. Defendant's general arguments on probable cause failed to preserve this issue (see People v...

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