People v. Fisher

232 A.D.2d 345, 648 N.Y.S.2d 919, 1996 N.Y. App. Div. LEXIS 11196

Opinion

—Judgment, Supreme Court, New York County (Paul Bookson, J.), rendered April 12, 1994, convicting defendant, after his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The hearing court properly determined that the transmitting officer’s observation of defendant’s exchange of crack vials for currency established probable cause for his arrest (see, People v Cunningham, 208 AD2d 461, 462, lv denied 84 NY2d 1030).

Defendant’s guilty plea waived any claim of insufficiency of evidence (People v Thomas, 53 NY2d 338), and he was not entitled to withdraw the plea upon a mere subsequent assertion of innocence. Concur—Rosenberger, J. P., Ellerin, Rubin, Kupferman and Nardelli, JJ.