Opinion
KA 02-00980.
February 11, 2004.
Appeal from a judgment of the Monroe County Court (Elma A. Bellini, J.), rendered April 18, 2001. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the first degree (three counts), criminal possession of a controlled substance in the third degree (three counts), and conspiracy in the second degree.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (SHIRLEY A. GORMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (KELLY CHRISTINE WOLFORD OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PIGOTT, JR., P.J., GREEN, PINE, GORSKI, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Following his arrest for charges related to the possession of cocaine, defendant moved to suppress tangible evidence on the ground that certain eavesdropping warrants were improperly issued based on information gathered from illegal stops of motor vehicles. Defendant now contends for the first time on appeal that the eavesdropping warrants were improperly issued because the applications in support thereof failed to establish either the reliability or basis of knowledge of the informant, and thus defendant's present contention is unpreserved for our review ( see People v. Olds, 269 A.D.2d 849, 849-850; People v. Blanco, 253 A.D.2d 886, lv denied 92 N.Y.2d 1028; see generally People v. Martin, 50 N.Y.2d 1029, 1030-1031; People v. Tutt, 38 N.Y.2d 1011, 1012). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see CPL 470.15 [a]).