PEOPLE v. DICKENS, 88 N.Y.2d 1031 (1996)

651 N.Y.S.2d 10, 673 N.E.2d 1237

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL DICKENS, Appellant.

Court of Appeals of the State of New York.Argued September 5, 1996
Decided October 10, 1996

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Richard D. Carruthers, J.

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John Gemmill, New York City, and Daniel L. Greenberg, for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Gregory H. Mansfield and Norman Barclay of counsel), for respondent.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The grounds defendant now advances for challenging the

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lawfulness of the search were not presented to the trial court. We therefore conclude that defendant failed to preserve his present claims for this Court’s review.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

Order affirmed in a memorandum.