Opinion
01-21-2015
The PEOPLE, etc., respondent, v. Jeryed BURGESS, appellant.
Seymour W. James, Jr., New York, N.Y. (Jeffrey Dellheim of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, and Arieh Schulman of counsel), for respondent.
Seymour W. James, Jr., New York, N.Y. (Jeffrey Dellheim of counsel), for appellant.Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, and Arieh Schulman of counsel), for respondent.
Opinion Appeal by the defendant from a judgment of the Supreme Court, Kings County (DiMango, J.), rendered October 25, 2012, convicting him of criminal possession of a controlled substance in the seventh degree and resisting arrest, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (Tomei, J.), of that branch of the defendant's pretrial motion which was to suppress physical evidence.
ORDERED that the judgment is affirmed.
The defendant's waiver of his right to appeal was invalid (see People v. Bradshaw, 18 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Pressley, 116 A.D.3d 794, 983 N.Y.S.2d 322 ) and, thus, does not preclude review of his challenge to the Supreme Court's suppression ruling.
However, on the merits, that branch of the defendant's pretrial motion which was to suppress physical evidence was properly denied on the ground that there was probable cause to believe that the vehicle the defendant was driving contained crack cocaine (see People v. Yancy, 86 N.Y.2d 239, 245–246, 630 N.Y.S.2d 985, 654 N.E.2d 1233 ; People v. Guzman, 23 A.D.3d 579, 804 N.Y.S.2d 410 ).
SKELOS, J.P., MILLER, HINDS–RADIX and LaSALLE, JJ., concur.