PEOPLE v. TAYLOR (2007)

Supreme Court, Appellate Division, Fourth Department, New York.

The PEOPLE of the State of New York, Respondent, v. Darrell L. TAYLOR, Defendant-Appellant.

Decided: September 28, 2007

PRESENT: SCUDDER, P.J., GORSKI, CENTRA, LUNN, AND PERADOTTO, JJ.

Edward J. Nowak, Public Defender, Rochester (Drew R. DuBrin of Counsel), for Defendant-Appellant. Darrell L. Taylor, Defendant-Appellant pro se. Michael C. Green, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for respondent.

On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the second degree (Penal Law § 220.18[1] ), defendant contends that County Court erred in determining, following a Darden hearing, that a confidential informant existed or that he or she provided law enforcement with the information set forth in the search warrant. Because defendant pleaded guilty before the court issued a suppression ruling with respect to the evidence seized from his home pursuant to a search warrant, he waived his right to raise the suppression issue on appeal (see generally People v. Fernandez, 67 N.Y.2d 686, 688, 499 N.Y.S.2d 919, 490 N.E.2d 838; People v. Carrasco, 216 A.D.2d 908, 629 N.Y.S.2d 689, lv. denied 86 N.Y.2d 791, 632 N.Y.S.2d 505, 656 N.E.2d 604; People v. Stewart, 104 A.D.2d 734, 480 N.Y.S.2d 642).

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM:

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