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People v. Burke

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 10, 1989
148 A.D.2d 993 (N.Y. App. Div. 1989)

Opinion

March 10, 1989

Appeal from the Oneida County Court, Murad, J.

Present — Dillon J.P., Callahan, Doerr, Pine and Lawton, JJ.


Judgment unanimously affirmed. Memorandum: Defendant pleaded guilty to criminal possession of a controlled substance in the second degree in satisfaction of indictment No. 87-112 and to criminal sale of a controlled substance in the third degree in satisfaction of indictment No. 87-154. On appeal, defendant contends that the suppression court improperly precluded inquiry into probable cause for the search warrant which preceded indictment No. 87-112. We find no error. Defendant failed to raise this issue in his motion papers; thus, the suppression court did not err in precluding inquiry (see, CPL 710.20; 710.60 [1]; 710.70 [3]; People v. Coleman, 56 N.Y.2d 269, 274). We have examined defendant's other contentions and we find them to be without merit.


Summaries of

People v. Burke

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 10, 1989
148 A.D.2d 993 (N.Y. App. Div. 1989)
Case details for

People v. Burke

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN S. BURKE…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 10, 1989

Citations

148 A.D.2d 993 (N.Y. App. Div. 1989)
539 N.Y.S.2d 598