Opinion
June 9, 1994
Appeal from the County Court of Tioga County (Callanan, Sr., J.).
We affirm defendant's judgment of conviction for the following reasons: having withdrawn his motion to suppress physical evidence and having failed to renew the motion in accordance with CPL 710.60 (1), defendant waived his right to the suppression of the physical evidence seized during the search of his home (see, People v. Bertolo, 65 N.Y.2d 111, 121; People v. Abdullah, 164 A.D.2d 260; People v. Wachtel, 124 A.D.2d 613, lv denied 69 N.Y.2d 835) ; that by failing to make his motion to dismiss the indictment upon the claimed denial of the right to a speedy trial in writing, defendant waived this claim (see, People v Lawrence, 64 N.Y.2d 200, 204); that County Court did not err in denying defendant's request to charge the "jury nullification doctrine" (see, People v. Goetz, 73 N.Y.2d 751, 752, cert denied 489 U.S. 1053; People v. Fields, 160 A.D.2d 606, lv denied 76 N.Y.2d 788) ; that the State may impose criminal sanctions for the possession of marihuana within the privacy of the home (see, People v. Shepard, 50 N.Y.2d 640, 646); that defendant's other contentions lack merit.
Mikoll, J.P., Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed, and matter remitted to the County Court of Tioga County for further proceedings pursuant to CPL 460.50 (5).