People v. Poole

Oct 3, 2008
Appeal No. 2
Versions:55 A.D.3d 1354
864 N.Y.S.2d 359

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 two counts of robbery in the second degree (Penal Law § 160.10 [2] [b]). By pleading guilty, defendant forfeited his present challenge to evidentiary rulings at the suppression hearing (see People v Hansen, 95 NY2d 227, 230-231 [2000]; People v Di Raffaele, 55 NY2d 234, 240 [1982]). Although the challenge by defendant to County Court‘s ultimate suppression ruling survives his guilty plea (see CPL 710.70 [2]), defendant‘s challenge is based on a ground not raised before the suppression court and thus is unpreserved for our review (see People v Brooks, 26 AD3d 739, 740 [2006], lv denied 6 NY3d 846, 7 NY3d 810 [2006]; People v Zeito, 302 AD2d 923 [2003], lv denied 99 NY2d 634 [2003]). We decline to exercise our power to review defendant‘s challenge as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). Present—Smith, J.P., Lunn, Fahey and Peradotto, JJ.