People v Taylor

2007 NY Slip Op 07203 [43 AD3d 1400]

September 28, 2007

Appellate Division, Fourth Department

As corrected through Wednesday, November 7, 2007

The People of the State of New York, Respondent, v Darrell L.Taylor, Appellant.

—[*1]Edward J. Nowak, Public Defender, Rochester (Drew R. DuBrin of counsel), fordefendant-appellant.

Darrell L. Taylor, defendant-appellant pro se.

Michael C. Green, District Attorney, Rochester (Stephen X. O'Brien of counsel), forrespondent.

Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), renderedSeptember 3, 2004. The judgment convicted defendant, upon his plea of guilty, of criminalpossession of a controlled substance in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby isunanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminalpossession 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 theinformation set forth in the search warrant. Because defendant pleaded guilty before the courtissued a suppression ruling with respect to the evidence seized from his home pursuant to asearch warrant, he waived his right to raise the suppression issue on appeal (see generallyPeople v Fernandez, 67 NY2d 686, 688 [1986]; People v Carrasco, 216 AD2d 908[1995], lv denied 86 NY2d 791 [1995]; People v Stewart, 104 AD2d 734[1984]). Present—Scudder, P.J., Gorski, Centra, Lunn and Peradotto, JJ.