THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOHN H. BUTLER, DEFENDANT–APPELLANT.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06). Defendant contends that County Court erred in determining, following a Darden hearing, that there was probable cause supporting a search warrant in the case. By pleading guilty before the court issued a suppression ruling with respect to the evidence seized pursuant to that search warrant, defendant waived his right to raise the issue of probable cause on appeal (see People v. Taylor, 43 AD3d 1400, 1400–1401, lv denied 9 NY3d 1039; see generally People v. Elmer, 19 NY3d 501, 509; People v. Fernandez, 67 N.Y.2d 686, 688).
Mark W. Bennett
Clerk of the Court