Majority
p. 1127The People of the State of New York, Respondent, v Jerald Raymond Smith, Also Known as Gerald Lewis Smith, Appellant. [642 NYS2d 128]
Judgment unanimously affirmed. Memorandum: Defendant contends that County Court should have granted his motion to suppress evidence on the ground that his arrest was not supported by probable cause. Forfeiture of the right to appellate review of that contention occurred, however, because defendant pleaded guilty before the court finally determined the suppression motion (see, People v Fernandez, 67 NY2d 686 ). (Appeal from Judgment of Monroe County Court, Smith, J.—Burglary, 3rd Degree.) Present— Lawton, J. P., Wesley, Callahan, Balio and Davis, JJ.
Cases cited
- People v. Fernandez 67 NY2d 686 p. 1127