| People v Nordahl |
| 2007 NY Slip Op 09608 [46 AD3d 579] |
| December 4, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v BlaneNordahl, Also Known as David Price, Appellant. |
—[*1] William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.),rendered December 21, 2004, convicting him of burglary in the second degree and burglary in thethird degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review thedenial, without a hearing, of that branch of the defendant's omnibus motion which was tosuppress physical evidence.
Ordered that the judgment is affirmed.
The defendant argues that the County Court improperly denied his motion to dismiss theindictment on the ground that the prosecution improperly presented to the grand jury modusoperandi evidence that failed to meet the admissibility requirements of such evidence asestablished by People v Molineux (168 NY 264 [1901]). "[W]here defendant has by hisplea admitted commission of the crime with which he was charged, his plea renders irrelevant hiscontention that the criminal proceedings preliminary to trial were infected with impropriety anderror; his conviction rests directly on the sufficiency of his plea, not on the legal or constitutionalsufficiency of any proceedings which might have led to his conviction after trial" (People vDi Raffaele, 55 NY2d 234, 240 [1982]). Therefore, by pleading guilty, the defendantforfeited judicial review of the alleged defect in the grand jury proceedings (see People vHansen, 95 NY2d 227 [2000]; People v Gerber, 182 AD2d 252 [1992]; see alsoPeople v Johnson, 299 AD2d 368, 369 [2002]; People v Morgan, 209 AD2d 727[1994]; People v Contestabile, 202 AD2d 442 [1994]).[*2]
Further, the defendant had no reasonable expectation ofprivacy with regard to his property, which was seized and vouchered by federal authorities uponhis arrest for violation of parole (see People v Natal, 75 NY2d 379, 383 [1990], certdenied 498 US 862 [1990]; People v Perel, 34 NY2d 462, 467-468 [1974];People v Gaffney, 308 AD2d 598 [2003]; People v Dennis, 223 AD2d 814, 815[1996]). Spolzino, J.P., Dillon, Angiolillo and Dickerson, JJ., concur.