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People v. Conte

Appellate Division of the Supreme Court of New York, Second Department
Oct 5, 1992
186 A.D.2d 579 (N.Y. App. Div. 1992)

Opinion

October 5, 1992

Appeal from the Supreme Court, Richmond County (Felig, J.).


Ordered that the judgment is affirmed.

Prior to the entry of his plea of guilty, the defendant agreed to withdraw his pretrial motion to suppress narcotics seized from his apartment pursuant to a search warrant. Accordingly, the defendant waived his right to appellate review of the denial of his motion to suppress physical evidence seized pursuant to the warrant (see, People v Gary, 179 A.D.2d 821; People v Flores, 177 A.D.2d 647; People v Williams, 167 A.D.2d 491). Moreover, by failing to move to vacate his plea or to set aside his conviction on the ground that his waiver was not knowing and voluntary, the defendant failed to preserve the waiver issue for appellate review (see, People v Rodriguez, 180 A.D.2d 654; People v Quian, 173 A.D.2d 576; People v Mangham, 167 A.D.2d 487). In any event, we note that, contrary to the defendant's contention, it was not improper for the Supreme Court, in accordance with its own policy, to require him to waive his right to appellate review of the suppression ruling in exchange for a sentence commitment (see, People v Scott, 183 A.D.2d 860; People v Bratton, 175 A.D.2d 136; People v Strafford, 164 A.D.2d 898). Rosenblatt, J.P., Eiber, O'Brien and Ritter, JJ., concur.


Summaries of

People v. Conte

Appellate Division of the Supreme Court of New York, Second Department
Oct 5, 1992
186 A.D.2d 579 (N.Y. App. Div. 1992)
Case details for

People v. Conte

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN CONTE, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 5, 1992

Citations

186 A.D.2d 579 (N.Y. App. Div. 1992)
588 N.Y.S.2d 377

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