| People v Rodriguez |
| 2014 NY Slip Op 04528 [118 AD3d 1182] |
| June 19, 2014 |
| Appellate Division, Third Department |
[*1] (June 19, 2014)
| The People of the State of New York, Respondent, vJuan A. Rodriguez, Appellant. |
Matthew C. Hug, Troy, for appellant.
D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel),for respondent.
Peters, P.J. Appeal from a judgment of the County Court of Ulster County (Williams,J.), rendered June 22, 2011, convicting defendant upon his plea of guilty of the crime ofdriving while intoxicated.
Defendant's sole argument on appeal is that his statements to police and informationconcerning field sobriety and chemical tests administered and refused following hisarrest should have been suppressed. However, only "[a]n order finally denying a motionto suppress evidence" may be reviewed on appeal following a guilty plea (CPL 710.70[2]; see People v Fernandez, 67 NY2d 686, 688 [1986]). By pleading guilty afterthe suppression hearing but before a decision was rendered on his underlyingsuppression motion, defendant forfeited his right to appellate review of all claims relatedto that pending motion (see People v Fernandez, 67 NY2d at 688; People v Brabham, 112 AD3d1066, 1067 [2013]; Peoplev Morrison, 106 AD3d 1201, 1202 [2013]; People v Adams, 31 AD3d 1063, 1064 [2006], lvdenied 7 NY3d 845 [2006]; People v Williams, 6 AD3d 746, 747 [2004], lvdenied 3 NY3d 650 [2004]). Defendant's suggestion that County Court purposefullywithheld decision on the suppression motion so as to take his guilty plea is belied by therecord.
Stein, McCarthy and Egan Jr., JJ., concur. Ordered that the judgment isaffirmed.