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PEOPLE v. TAYLOR

Appellate Division of the Supreme Court of New York, Fourth Department.
Sep 28, 2007
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It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the second degree (Penal Law ยง 220.18), defendant contends that County Court erred in determining, following a Darden hearing, that a confidential informant existed or that he or she provided law enforcement with the information set forth in the search warrant. Because defendant pleaded guilty before the court issued a suppression ruling with respect to the evidence seized from his home pursuant to a search warrant, he waived his right to raise the suppression issue on appeal ( see generally People v Fernandez, 67 NY2d 686, 688; People v Carrasco, 216 AD2d 908, lv denied 86 NY2d 791; People v Stewart, 104 AD2d 734).