| People v Poole |
| 2008 NY Slip Op 07397 [55 AD3d 1354] |
| October 3, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Christopher L.Poole, Appellant. (Appeal No. 2.) |
—[*1] Michael C. Green, District Attorney, Rochester (Stephen X. O'Brien of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Frank P. Geraci, Jr., J.), rendered March25, 2005. The judgment convicted defendant, upon his plea of guilty, of robbery in the second degree(two counts).
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 twocounts of robbery in the second degree (Penal Law § 160.10 [2] [b]). By pleading guilty,defendant forfeited his present challenge to evidentiary rulings at the suppression hearing (seePeople v Hansen, 95 NY2d 227, 230-231 [2000]; People v Di Raffaele, 55 NY2d 234,240 [1982]). Although the challenge by defendant to County Court's ultimate suppression rulingsurvives his guilty plea (see CPL 710.70 [2]), defendant's challenge is based on a ground notraised before the suppression court and thus is unpreserved for our review (see People v Brooks, 26 AD3d 739,740 [2006], lv denied 6 NY3d 846, 7 NY3d 810 [2006]; People v Zeito, 302 AD2d923 [2003], lv denied 99 NY2d 634 [2003]). We decline to exercise our power to reviewdefendant's challenge as a matter of discretion in the interest of justice (see CPL 470.15 [6][a]). Present—Smith, J.P., Lunn, Fahey and Peradotto, JJ.