People v. Delarosa

CourtNew York Supreme Court Appellate Division
Citation215 A.D.2d 773,627 N.Y.S.2d 974
PartiesThe PEOPLE, etc., Respondent, v. Pablo DELAROSA, a/k/a Manuel Rodriguez, Appellant.
Decision Date30 May 1995

Russell C. Morea, Kew Gardens, for appellant.

Richard A. Brown, Dist. Atty., Kew Gardens (Steven J. Chananie and Sharon Y. Brodt, of counsel, Lori B. Rodman, on the brief), for respondent.

Appeal by the defendant from (1) two judgments of the Supreme Court, Queens County (Thomas, J.), both rendered October 12, 1993, convicting him of robbery in the first degree under Indictment No. 855/93 and robbery in the first degree under Indictment No. 856/93, upon his pleas of guilty, and imposing sentences, and (2) two judgments of the same court (Chetta, J.), both rendered October 14, 1993, convicting him of attempted criminal sale of a controlled substance in the third degree under Indictment No. N11707/92 and attempted criminal sale of a controlled substance in the third degree under Indictment No. N12136/92, upon his pleas of guilty, and imposing sentences.

ORDERED that the judgments are affirmed.

By pleading guilty to robbery in the first degree in satisfaction of Indictment No. 855/93 before the court rendered a decision on those branches of his pretrial motion which were to suppress evidence relating to that indictment, the defendant forfeited appellate review of any suppression issues relating thereto (see, People v. Fernandez, 67 N.Y.2d 686, 688, 499 N.Y.S.2d 919, 490 N.E.2d 838; People v. Corti, 88 A.D.2d 345, 453 N.Y.S.2d 439).

The defendant's remaining contentions are without merit.

PIZZUTO, J.P., and JOY, FRIEDMANN and GOLDSTEIN, JJ., concur.

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3 cases
  • People v. Viscomi, 4
    • United States
    • New York Supreme Court — Appellate Division
    • September 28, 2001
    ... ... In any event, defendant waived final determination of that application by pleading guilty before it was decided (see, People v Corti, 88 A.D.2d 345, 349-350; see also, People v Delarosa, 215 A.D.2d 773, lv denied 86 N.Y.2d 793) ... Finally, we conclude that the court did not abuse its discretion in denying the motion of defendant to withdraw his guilty plea (see, People v Kellar, 222 A.D.2d 1092, lv denied 87 N.Y.2d 1021). "The defendant's belated and unsubstantiated claim of ... ...
  • People v. Cade
    • United States
    • New York Supreme Court — Appellate Division
    • May 30, 1995
  • People v. Delarosa
    • United States
    • New York Court of Appeals Court of Appeals
    • August 17, 1995

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