People v. Clark

Citation197 A.D.2d 531,604 N.Y.S.2d 736
PartiesThe PEOPLE, etc., Respondent, v. John J. CLARK, Appellant.
Decision Date04 October 1993
CourtNew York Supreme Court Appellate Division

Cristina D'Amato-Arvoy, White Plains, for appellant.

Francis D. Phillips II, Dist. Atty., Goshen (David R. Huey, of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered September 11, 1991, convicting him of attempted criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Since the defendant agreed to withdraw all outstanding motions and entered his plea of guilty before the hearing court rendered any decision on his suppression motion, he has forfeited appellate review of the 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 439).

BRACKEN, J.P., and SULLIVAN, COPERTINO and PIZZUTO, JJ., concur.

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4 cases
  • People v. Patterson
    • United States
    • New York Supreme Court — Appellate Division
    • October 13, 1994
    ...which he seeks to raise on this appeal (see, People v. Fernandez, 67 N.Y.2d 686, 499 N.Y.S.2d 919, 490 N.E.2d 838; People v. Clark, 197 A.D.2d 531, 604 N.Y.S.2d 736, lv. denied 82 N.Y.2d 892, 610 N.Y.S.2d 159, 632 N.E.2d We have considered the remaining contentions raised by defendant's ass......
  • People v. Greene
    • United States
    • New York Supreme Court — Appellate Division
    • October 31, 1994
    ...of the merits of that motion is precluded (see, People v. Fernandez, 67 N.Y.2d 686, 499 N.Y.S.2d 919, 490 N.E.2d 838; People v. Clark, 197 A.D.2d 531, 604 N.Y.S.2d 736; cf., People v. Reilly, 195 A.D.2d 95, 606 N.Y.S.2d ...
  • People v. Stalter
    • United States
    • New York Supreme Court — Appellate Division
    • February 23, 1995
    ...a determination by County Court (see, People v. Fernandez, 67 N.Y.2d 686, 688, 499 N.Y.S.2d 919, 490 N.E.2d 838; People v. Clark, 197 A.D.2d 531, 604 N.Y.S.2d 736, lv. denied 82 N.Y.2d 892, 610 N.Y.S.2d 159, 632 N.E.2d 469; People v. Patterson, 194 A.D.2d 748, 749, 601 N.Y.S.2d 810, lv. den......
  • People v. Clark
    • United States
    • New York Court of Appeals Court of Appeals
    • December 30, 1993

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