PEOPLE v. CLARK

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The PEOPLE of the State of New York, Respondent, v. Lincoln CLARK, Defendant–Appellant.

Decided: April 26, 2011

MAZZARELLI, J.P., RENWICK, DEGRASSE, FREEDMAN, RICHTER, JJ. Richard M. Greenberg, Office of The Appellate Defender, New York (Matthew L. Mazur of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (David M. Cohn of counsel), for respondent.

Judgment, Supreme Court, New York County (Robert H. Straus, J. at hearing; Robert Stolz, J. at plea and sentencing), rendered July 8, 2009, convicting defendant of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony drug offender whose prior felony conviction was a violent felony, to a term of 21/212 years, unanimously affirmed.

Since the record does not establish that the court ever issued an order finally denying defendant's motion to suppress physical evidence, the issue is forfeited by his guilty plea (see CPL 710 .70[2]; People v. Fernandez, 67 N.Y.2d 686, 688 [1986] ). In any event, regardless of whether defendant's suppression claims are properly before this Court, we have conducted an in camera review of the minutes of the hearing conducted pursuant to People v. Darden (34 N.Y.2d 177 [1974] ). After reviewing those minutes and all of the arguments raised by defendant on appeal, we find no basis for suppression.

We adhere to our prior decision in which we denied defendant's motion for disclosure of the sealed hearing minutes and similar relief (M–4108, 2010 N.Y. Slip Op 85328[U] [Oct 19, 2010] ).