Opinion
14966 Ind. No. 2398/17 Case No. 2019–2132
01-06-2022
Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for respondent.
Webber, J.P., Friedman, Oing, Moulton, Kennedy, JJ.
Judgment, Supreme Court, New York County (Abraham L. Clott, J.), rendered January 17, 2019, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree and criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 4½ years, unanimously affirmed.
Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. ––––, 140 S. Ct. 2634, 206 L.Ed.2d 512 [2020] ; People v. Bryant, 28 N.Y.3d 1094, 1096, 45 N.Y.S.3d 335, 68 N.E.3d 60 [2016] ), which forecloses review of his suppression claims. Contrary to defendant's assertions, the record indicates that defendant pleaded guilty before the court issued a final ruling on his motions to controvert search warrants and suppress the physical evidence recovered. Accordingly, defendant has forfeited the right to raise a claim related to those motions on appeal (see CPL 710.70[2] ; People v. Fernandez, 67 N.Y.2d 686, 688, 499 N.Y.S.2d 919, 490 N.E.2d 838 [1986] ). In any event, a review of the search warrants and supporting affidavits establishes that the warrants were based on probable cause and describe the places to be searched with sufficient particularity.
We perceive no basis for reducing the sentence.