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People v. Delarosa

277 A.D.2d 180 Court N.Y. App. Div. Decision date 2000-11-30 English

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p. 180
The People of the State of New York, Respondent, v Andres Delarosa, Appellant.
[716 NYS2d 309]

—Judgment, Supreme Court, New York County (Mary McGowan Davis, J.), rendered December 21, 1998, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 8 years to life, unanimously affirmed.

The record, viewed as a whole, establishes that defendant’s waiver of his right to appeal encompassed all aspects of the case, including the suppression ruling (see, People v Kemp, 94 NY2d 831 ; People v Allen, 82 NY2d 761 ). Accordingly, defendant’s challenge to the suppression hearing ruling is foreclosed. In any event, defendant’s suppression motion was properly denied. Concur — Williams, J. P., Tom, Mazzarelli, Rubin and Saxe. JJ.

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