61 N.Y.2d 971 | NY | 1984
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
The argument that defendant’s statements should have been suppressed because the reliability of the information obtained from a citizen informant had not been established by calling Officer Gatti, who received the information and passed it on to the arresting officer, has not been preserved for our review. Reliability was not put in issue either in defendant’s motion papers or during the hearing, the peripheral reference during argument at thg end of the hearing to the absence of Officer Gatti as a witness being insufficient (People v Weston, 56 NY2d 844; People v Jenkins, 47 NY2d 722).
We have considered the other issues argued by defendant and find them to be either without merit or not sufficiently preserved.
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.
Order affirmed in a memorandum.