People v. Andrade
| Citation | 593 N.Y.S.2d 267,190 A.D.2d 678 |
| Parties | The PEOPLE, etc., Respondent, v. Yerli ANDRADE, Appellant. |
| Decision Date | 01 February 1993 |
| Court | New York Supreme Court Appellate Division |
McGuirk, Levinson, Zeccola, Seaman, Reineke & Ornstein, P.C., Central Valley, (Anthony M. Giordano on the brief), for appellant, and appellant pro se.
Francis D. Phillips II, Dist. Atty., Goshen (David R. Huey, of counsel), for respondent.
Before THOMPSON, J.P., and BALLETTA, RITTER and SANTUCCI, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant (1) from a judgment of the County Court, Orange County (Pano Z. Patsalos, J.), rendered January 3, 1990, convicting her of criminal possession of a controlled substance in the first degree, upon her plea of guilty, and imposing sentence, and (2) by permission, from an order of the same court, dated February 6, 1992, which denied her motion pursuant to CPL 440.10 to set aside the judgment of conviction.
ORDERED that the judgment and the order are affirmed.
The County Court properly rejected the defendant's contention that the search warrant obtained by the police was invalid on its face, since the warrant was issued upon a showing of probable cause to believe that an offense had been or was being committed, and that evidence of criminality was to be found in a certain place (see, People v. Bigelow, 66 N.Y.2d 417, 497 N.Y.S.2d 630, 488 N.E.2d 451; People v. Schiavo, 162 A.D.2d 639, 556 N.Y.S.2d 954; People v. Londono, 148 A.D.2d 753, 539 N.Y.S.2d 484). Moreover, although the court did grant the defendant a hearing in connection with the execution of the warrant, the defendant pleaded guilty before any decision was rendered in connection with the hearing and withdrew all outstanding motions, thereby forfeiting her right to appellate review of the claims to be considered at the hearing (see, e.g., People v. Fernandez, 67 N.Y.2d 686, 688, 499 N.Y.S.2d 919, 490 N.E.2d 838; People v. Prescott, 66 N.Y.2d 216, 220, 495 N.Y.S.2d 955, 486 N.E.2d 813, cert. denied 475 U.S. 1150, 106 S.Ct. 1804, 90 L.Ed.2d 349; CPL 710.70[2]; see also, People v. Carty, 173 A.D.2d 900, 901, 569 N.Y.S.2d 467; People v. Newman, 165 A.D.2d 745, 562 N.Y.S.2d 382).
The defendant's assertion that the court should have held a Wade hearing is unpreserved for appellate review, inasmuch as no request for a Wade hearing was ever made (see, People v. Leakes, 177 A.D.2d 714, 576 N.Y.S.2d 606; People v. White, 137 A.D.2d 859, 860, 525 N.Y.S.2d 323). Contrary to the defendant's contentions, the record fails to support her assertions that she was coerced or misled by her attorney or "tricked" by the Trial Judge into pleading guilty (see, People v. Thompson, 174 A.D.2d 702, 571 N.Y.S.2d 553). Rather, the record indicates that the defendant knowingly and voluntarily made a complete plea allocution in the presence of competent counsel and after the court had fully apprised her of the consequences of her plea (see, People v. Hagzan, ...
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People v. Gordon
...The record also belies the defendant's postplea claim that he was “tricked” by the Judge into pleading guilty ( see People v. Andrade, 190 A.D.2d 678, 679, 593 N.Y.S.2d 267), as well as his claim that he was not guilty, which he made at the sentencing proceeding and to his probation officer......
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...suppression issues which he now advances (see, People v. Fernandez, 67 N.Y.2d 686, 499 N.Y.S.2d 919, 490 N.E.2d 838; People v. Andrade, 190 A.D.2d 678, 593 N.Y.S.2d 267; People v. Corti, 88 A.D.2d 345, 453 N.Y.S.2d BRACKEN, J.P., and SULLIVAN, COPERTINO and PIZZUTO, JJ., concur. ...