| People v Villar |
| 2022 NY Slip Op 00058 [201 AD3d 445] |
| January 6, 2022 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Jose Villar, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for respondent.
Judgment, Supreme Court, New York County (Abraham L. Clott, J.), rendered January 17,
2019, convicting defendant, upon his plea of guilty, of criminal possession of a controlled
substance in the second degree and criminal possession of a weapon in the second degree, and
sentencing him to concurrent terms of 4
Defendant made a valid waiver of his right to appeal (see People v Thomas, 34 NY3d 545 [2019], cert denied 589 US &mdash, 140 S Ct 2634 [2020]; People v Bryant, 28 NY3d 1094, 1096 [2016]), which forecloses review of his suppression claims. Contrary to defendant's assertions, the record indicates that defendant pleaded guilty before the court issued a final ruling on his motions to controvert search warrants and suppress the physical evidence recovered. Accordingly, defendant has forfeited the right to raise a claim related to those motions on appeal (see CPL 710.70 [2]; People v Fernandez, 67 NY2d 686, 688 [1986]). In any event, a review of the search warrants and supporting affidavits establishes that the warrants were based on probable cause and describe the places to be searched with sufficient particularity.
We perceive no basis for reducing the sentence. Concur—Webber, J.P., Friedman, Oing, Moulton, Kennedy, JJ.