New York Court of Appeals
The People of the State of New York, Respondent v. Benjamin Kou Smith, Appellant
March 30, 198973 N.Y.2d 961
Summary
The New York Court of Appeals affirmed the Appellate Division’s order denying Smith’s motion to suppress, finding the police seizure lawful and holding that the sentencing issue concerning his prior kidnapping conviction was not preserved for review. The court noted that Smith failed to timely contest the applicability of his prior conviction as a felony under CPL 400.21[3]. A concurring judge disagreed with the Appellate Division’s reliance on People v. Hicks but concurred in the result.