People v. Gandarilla

Decision Date17 November 1997
Citation244 A.D.2d 500,665 N.Y.S.2d 905
Parties1997 N.Y. Slip Op. 9665 The PEOPLE, etc., Respondent, v. Dennis GANDARILLA, Appellant.
CourtNew York Supreme Court — Appellate Division

Lynn W.L. Fahey, New York City (Barry Stendig, of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Roseann B. MacKechnie and Shulamit Rosenblum, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered September 21, 1995, convicting him of criminal possession of a controlled substance in the first degree, criminal possession of a weapon in the third degree, and endangering the welfare of a child, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's claim with respect to the propriety of the search warrant application is unpreserved for appellate review and, in any event, without merit (cf., People v. Brown, 40 N.Y.2d 183, 386 N.Y.S.2d 359, 352 N.E.2d 545; People v. Vanderpool, 217 A.D.2d 716, 629 N.Y.S.2d 307; People v. Castillo, 176 A.D.2d 609, 575 N.Y.S.2d 49, affd. 80 N.Y.2d 578, 584, 592 N.Y.S.2d 945, 607 N.E.2d 1050).

O'BRIEN, J.P., and THOMPSON, SULLIVAN and McGINITY, JJ., concur.

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4 cases
  • Rudenko v Costello
    • United States
    • U.S. Court of Appeals — Second Circuit
    • March 20, 2002
    ...for a writ of habeas corpus is denied for the reasons stated in the opinion of the Appellate Division, People v. Gandarilla, 244 A.D.2d 500, 665 N.Y.S.2d 905 (2d Dep't 1997), and the memorandum of law filed by the District Attorney. Gandarilla v. Artuz, CV-99-508 (E.D.N.Y. dated June 14, 19......
  • Rudenko v. Costello
    • United States
    • U.S. Court of Appeals — Second Circuit
    • March 20, 2002
    ...for a writ of habeas corpus is denied for the reasons stated in the opinion of the Appellate Division, People v. Gandarilla, 244 A.D.2d 500, 665 N.Y.S.2d 905 (2d Dep't 1997), and the memorandum of law filed by the District Gandarilla v. Artuz, CV-99-508 (E.D.N.Y. dated June 14, 1999, filed ......
  • Gandarilla v. Artuz
    • United States
    • U.S. Court of Appeals — Second Circuit
    • February 26, 2003
    ...176 A.D.2d 609, 575 N.Y.S.2d 49, affd 80 N.Y.2d 578, 584, 592 N.Y.S.2d 945, 607 N.E.2d 1050). People v. Gandarilla, 244 A.D.2d 500, 500-01, 665 N.Y.S.2d 905, 905-06 (2d Dep't 1997), lv. denied, 91 N.Y.2d 892, 669 N.Y.S.2d 6, 691 N.E.2d 1032 Gandarilla filed his present petition for habeas c......
  • People v. Gandarilla
    • United States
    • New York Court of Appeals Court of Appeals
    • January 26, 1998
    ...669 N.Y.S.2d 6 91 N.Y.2d 892, 691 N.E.2d 1032 People v. Dennis Gandarilla Court of Appeals of New York Jan 26, 1998 Wesley, J. --- A.D.2d ----, 665 N.Y.S.2d 905 App.Div. 2, Kings Denied. ...

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