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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN S. BURKE, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant pleaded guilty to criminal possession of a controlled substance in the second degree in satisfaction of indictment No. 87-112 and to criminal sale of a controlled substance in the third degree in satisfaction of indictment No. 87-154. On appeal, defendant contends that the suppression court improperly precluded inquiry into probable cause for the search warrant which preceded indictment No. 87-112. We find no error. Defendant failed to raise this issue in his motion papers; thus, the suppression court did not err in precluding inquiry (see, CPL 710.20; 710.60 [1]; 710.70 [3]; People v. Coleman, 56 N.Y.2d 269, 274). We have examined defendant's other contentions and we find them to be without merit.

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PEOPLE v. BURKE
(Mar 10, 1989)