Opinion
June 16, 1998
Appeal from the Supreme Court, New York County (Brenda Soloff, J., at preliminary appearances; Jeffrey Atlas, J., at plea and sentence).
By entering a guilty plea before a court-ordered hearing had been held on his suppression motion, defendant waived any claim that the physical evidence the People intended to use against him had been obtained through illegal search and seizure of his person ( see, People v. Fernandez, 67 N.Y.2d 686, 688; People v. Garcia, 244 A.D.2d 233). We reject defendant's contention that the suppression motion should have been granted on the papers, without scheduling a hearing thereon (see, CPL 710.60).
The court properly exercised its discretion in denying without a hearing defendants motion for reassignment of counsel, inasmuch as that motion was based entirely on boilerplate assertions of neglect that were contradicted by the omnibus motion and motion to controvert the search warrant filed by defendant's assigned counsel ( People v. Batista, 191 A.D.2d 317, lv denied 81 N.Y.2d 1011).
Concur — Sullivan, J. P., Rosenberger, Rubin, Williams and Mazzarelli, JJ.