Opinion
January 30, 2001.
Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered December 23, 1996, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to a term of 9 months, unanimously affirmed.
Gina Mignola for respondent.
Alan Katz for defendant-appellant.
Before: Williams, J.P., Mazzarelli, Lerner, Rubin, Buckley, JJ.
Since defendant acquiesced in the court's ruling, his claims that he was entitled to a Mapp hearing on the issue of whether State action was involved in his seizure by a private security guard and that the court's summary denial of such a hearing violated the law of the case doctrine in that a hearing had been granted by a prior Justice, are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that exceptional circumstances in the form of new information warranted reconsideration of the previous order (see,People v. Delgado, 225 A.D.2d 478, 479 lv denied 88 N.Y.2d 983) and that defendant, who did not challenge the People's explanation of the security guard's private status, made no factual allegations to warrant a hearing on the issue of State action (see, People v. Valentino, 254 A.D.2d 185, 186, lv denied 92 N.Y.2d 1054).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.