SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
January 27, 2009
THE PEOPLE, ETC., RESPONDENT,
ARTHUR RICHARDSON, APPELLANT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mangano, Jr., J.), rendered October 4, 2007, convicting him of criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
WILLIAM F. MASTRO, J.P., STEVEN W. FISHER, ANITA R. FLORIO, EDWARD D. CARNI & RANDALL T. ENG, JJ.
(Ind. No. 2757/05)
DECISION & ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that his plea of guilty was not knowing or voluntary because the court failed to elicit from him a waiver of his right to a ruling on his pending motion to suppress evidence is unpreserved for appellate review (see CPL 470.05; People v LeGrady, 50 AD3d 1059; People v Ramsey, 49 AD3d 565; People v Herdt, 45 AD3d 698) and, in any event, is refuted by the record (see People v Boston, 30 AD3d 211; People v Kenrick, 233 AD2d 528).
The defendant's remaining contentions are without merit.
MASTRO, J.P., FISHER, FLORIO, CARNI and ENG, JJ., concur.
© 1992-2009 VersusLaw Inc.