PEOPLE v. FUNG

Defendant's general allegations in his motion papers that the search of him was "unlawful" and without a "search warrant" and defense counsel's resting "on the record" at the suppression hearing were insufficient to preserve for appellate review his current claim that the search could not be justified as a search incident to an arrest since it was not conducted contemporaneously with his arrest, the property was not within his "`grabbable' area" and no exigent circumstances existed ( People v. Graham, 211 A.D.2d 55, 61, n 2, lv denied 86 N.Y.2d 795; People v. Ortiz, 189 A.D.2d 715, lv denied 81 N.Y.2d 890), and we decline to review it in the interest of justice. In any event, the piece of paper recovered during the search constituted cumulative evidence of motive, and therefore, even if the item were subject to suppression, the error would be harmless beyond a reasonable doubt.

We perceive no abuse of discretion in sentencing.

Concur — Ellerin, J.P., Wallach, Ross, Nardelli and Tom, JJ.