Opinion
09-29-2017
The PEOPLE of the State of New York, Respondent, v. John H. BUTLER, Defendant–Appellant.
The Legal Aid Bureau of Buffalo, INC., Buffalo (Nicholas P. Difonzo of Counsel), for defendant-appellant. Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of Counsel), for respondent.
The Legal Aid Bureau of Buffalo, INC., Buffalo (Nicholas P. Difonzo of Counsel), for defendant-appellant.
Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of Counsel), for respondent.
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 A.D.3d 1400, 1400–1401, 842 N.Y.S.2d 660, lv. denied 9 N.Y.3d 1039, 852 N.Y.S.2d 25, 881 N.E.2d 1212 ; see generally People v. Elmer, 19 N.Y.3d 501, 509, 950 N.Y.S.2d 77, 973 N.E.2d 172 ; People v. Fernandez, 67 N.Y.2d 686, 688, 499 N.Y.S.2d 919, 490 N.E.2d 838 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SMITH, J.P., DeJOSEPH, CURRAN, TROUTMAN, and WINSLOW, JJ., concur.