Opinion
No. 2005-05074.
November 21, 2006.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rienzi, J.), rendered May 13, 2005, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's motion which was to suppress physical evidence.
Before: Florio, J.P., Krausman, Mastro and Covello, JJ., concur.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, a parole officer's question about contraband bore a substantially rational and reasonable relation to the parole officers' duty with respect to the defendant, a parolee ( see People v Santos, 31 AD2d 508, affd 25 NY2d 976, cert denied 397 US 969; see also People v Huntley, 43 NY2d 175, 181; cf. People v Jackson, 46 NY2d 171, 174-175). Accordingly, the search which followed his answer to that question was proper.
The defendant's remaining contention is unpreserved for appellate review and, in any event, is without merit.