Opinion
2014-06-19
The PEOPLE of the State of New York, Respondent, v. Juan A. RODRIGUEZ, Appellant.
Matthew C. Hug, Troy, for appellant. D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Matthew C. Hug, Troy, for appellant. D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Before: PETERS, P.J., STEIN, McCARTHY and EGAN JR., JJ.
PETERS, P.J.
Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered June 22, 2011, convicting defendant upon his plea of guilty of the crime of driving while intoxicated.
Defendant's sole argument on appeal is that his statements to police and information concerning field sobriety and chemical tests administered and refused following his arrest should have been suppressed. However, only “[a]n order finally denying a motion to suppress evidence” may be reviewed on appeal following a guilty plea (CPL 710.70[2]; see People v. Fernandez, 67 N.Y.2d 686, 688, 499 N.Y.S.2d 919, 490 N.E.2d 838 [1986] ). By pleading guilty after the suppression hearing but before a decision was rendered on his underlying suppression motion, defendant forfeited his right to appellate review of all claims related to that pending motion ( see People v. Fernandez, 67 N.Y.2d at 688, 499 N.Y.S.2d 919, 490 N.E.2d 838;People v. Brabham, 112 A.D.3d 1066, 1067, 976 N.Y.S.2d 621 [2013];People v. Morrison, 106 A.D.3d 1201, 1202, 964 N.Y.S.2d 761 [2013];People v. Adams, 31 A.D.3d 1063, 1064, 818 N.Y.S.2d 847 [2006],lv. denied7 N.Y.3d 845, 823 N.Y.S.2d 775, 857 N.E.2d 70 [2006];People v. Williams, 6 A.D.3d 746, 747, 776 N.Y.S.2d 329 [2004],lv. denied3 N.Y.3d 650, 782 N.Y.S.2d 421, 816 N.E.2d 211 [2004] ). Defendant's suggestion that County Court purposefully withheld decision on the suppression motion so as to take his guilty plea is belied by the record.
ORDERED that the judgment is affirmed. STEIN, McCARTHY and EGAN JR., JJ., concur.