Opinion
October 26, 1970
Appeal by defendant from two judgments of the County Court, Nassau County, rendered November 20, 1969, each convicting him of a separate charge of robbery in the first degree (indictments Nos. 26092 and 26093), upon his pleas of guilty, in satisfaction of those and two other indictments (Nos. 26094, 26097), and imposing sentence of an indeterminate term not to exceed six years on each of said two charges, to run concurrently. Defendant also seeks review of a decision of said court denying, after a hearing, his motion to suppress evidence with respect to indictment No. 26094 only. Judgment affirmed. No opinion. With respect to the decision on the suppression motion the relevant statute (Code Crim. Pro., § 813-c) authorizes a review of an order denying a motion to suppress only on an appeal from a judgment. The judgment entered herein was with respect to indictments No. 26092 and No. 26093. Since the motion to suppress was directed against indictment No. 26094, and since no judgment resulted under that indictment, the requirements of the statute have not been met; hence no review of the determination of the motion could be had ( People v. Koposesky, 25 A.D.2d 777). Rabin, Acting P.J., Hopkins, Martuscello, Latham and Brennan, JJ., concur.