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People v. Pristell

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1998
249 A.D.2d 423 (N.Y. App. Div. 1998)

Opinion

April 13, 1998

Appeal from the Supreme Court, Richmond County (Felig, J.).


Ordered that the judgments are affirmed.

The defendant's sole contention on appeal is that the hearing court erred in denying that branch of his omnibus motion under Indictment No. 484/93 which was to suppress physical evidence. However, the defendant "expressly and voluntarily waived [his] right to appellate review of [his] suppression motion by consenting to withdraw all * * * decided motions at the time [his] plea was entered. Accordingly, as there exists no suppression ruling to be reviewed on appeal, the judgment[s] must be affirmed" ( People v. Gary, 179 A.D.2d 821, 822; People v. Rodriguez, 193 A.D.2d 821).

Bracken, J.P., Rosenblatt, Krausman and Goldstein, JJ., concur.


Summaries of

People v. Pristell

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1998
249 A.D.2d 423 (N.Y. App. Div. 1998)
Case details for

People v. Pristell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROOSEVELT PRISTELL…

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

Date published: Apr 13, 1998

Citations

249 A.D.2d 423 (N.Y. App. Div. 1998)
670 N.Y.S.2d 786