Appellate Division of the Supreme Court of New York, 2000

People v. Delarosa

People v. Delarosa
Appellate Division of the Supreme Court of New York · Decided November 30, 2000
277 A.D.2d 180; 716 N.Y.S.2d 309; 2000 N.Y. App. Div. LEXIS 12391
People v. Delarosa

Opinion of the Court

—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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