People v. Butler

2017 NY Slip Op 6753, 153 A.D.3d 1588, 60 N.Y.S.3d 899

Opinion

Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered February 23, 2015. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06). Defendant contends that County Court erred in determining, following a Darden hearing, that there was probable cause supporting a search warrant in the case. By pleading guilty before the court issued a suppression ruling with respect to the evidence seized pursuant to that search warrant, defendant waived his right to raise the issue of probable cause on appeal (see People v Taylor, 43 AD3d 1400, 1400-1401 [2007], lv denied 9 NY3d 1039 [2008]; see generally People v Elmer, 19 NY3d 501, 509 [2012]; People v Fernandez, 67 NY2d 686, 688 [1986]).

Present — Smith, J.P., De Joseph, Curran, Troutman and Winslow, JJ.