NY3: Neutral and detached magistrate claim has to be preserved for appeal

Defendant’s claim that the issuing magistrate was not neutral and detached was not preserved for appellate review. And, in any event, it lacks merit because there was plenty of probable cause. People v. Schaefer, 2018 NY Slip Op 05235, 2018 N.Y. App. Div. LEXIS 5163 (3d Dept. July 12, 2018).

“DeMeulenaere seeks a COA to appeal the district court’s rulings that his trial counsel was not ineffective for failing to investigate the circumstances surrounding the search of his vehicle and for not filing a motion to suppress the drug evidence found in the vehicle. He contends that an investigation would have revealed facts to support a successful motion to suppress the drugs, which would have resulted in the dismissal of the charges or a significantly lower sentence.” He provides no facts to support what would have been found out if such an investigation had been done. The only evidence the court has is that the search of the car was with probable cause and justified under the automobile exception. COA denied. United States v. Demeulenaere, 2018 U.S. App. LEXIS 18994 (10th Cir. July 12, 2018).*