People v. Delarosa

Appellate Division of the Supreme Court of New York

People v. Delarosa

277 A.D.2d 180, 716 N.Y.S.2d 309, 2000 N.Y. App. Div. LEXIS 12391

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 30, 2000

StatusPublished

This text of 277 A.D.2d 180 (People v. Delarosa) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Delarosa, 277 A.D.2d 180, 716 N.Y.S.2d 309, 2000 N.Y. App. Div. LEXIS 12391 (N.Y. Ct. App. 2000).

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Opinion

—Judgment, Supreme Court, New York County (Mary McGowan Davis, J.), rendered December 21, 1998, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 8 years to life, unanimously affirmed.

The record, viewed as a whole, establishes that defendant’s waiver of his right to appeal encompassed all aspects of the case, including the suppression ruling (see, People v Kemp, 94 NY2d 831; People v Allen, 82 NY2d 761). Accordingly, defendant’s challenge to the suppression hearing ruling is foreclosed. In any event, defendant’s suppression motion was properly denied. Concur — Williams, J. P., Tom, Mazzarelli, Rubin and Saxe. JJ.

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—Judgment, Supreme Court, New York County (Mary McGowan Davis, J.), rendered December 21, 1998, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 8 years to life, unanimously affirmed.

The record, viewed as a whole, establishes that defendant’s waiver of his right to appeal encompassed all aspects of the case, including the suppression ruling (see, People v Kemp, 94 NY2d 831; People v Allen, 82 NY2d 761). Accordingly, defendant’s challenge to the suppression hearing ruling is foreclosed. In any event, defendant’s suppression motion was properly denied. Concur — Williams, J. P., Tom, Mazzarelli, Rubin and Saxe. JJ.

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Bluebook (online)

277 A.D.2d 180, 716 N.Y.S.2d 309, 2000 N.Y. App. Div. LEXIS 12391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-delarosa-nyappdiv-2000.

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