GONZALEZ
Steven Banks, The Legal Aid Society, New York (Adrienne Hale of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Megan R. Roberts of counsel), for respondent.
Carl D. Wells, appellant pro se.
GONZALEZ, P.J., ANDRIAS, SAXE, DeGRASSE, ROMÁN, JJ.
Judgment, Supreme Court, Bronx County (Seth L. Marvin, J.), rendered June 11, 2008, convicting defendant, upon his plea of guilty, of operating a motor vehicle while ability impaired by drugs, driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, and sentencing him to a term of six months, unanimously affirmed.
The court erred in relying on the inventory search doctrine in denying suppression of physical evidence recovered from the car defendant was driving, because the People did not introduce any evidence to establish a valid inventory search ( see People v. Johnson, 1 N.Y.3d 252, 256, 771 N.Y.S.2d 64, 803 N.E.2d 385 [2003] ). However, there was overwhelming evidence of defendant's guilt, independent of the physical evidence at issue. Although the harmless error rule regarding suppression issues does not normally apply to cases where a defendant pleads guilty ( People v. Grant, 45 N.Y.2d 366, 378–380, 408 N.Y.S.2d 429, 380 N.E.2d 257 [1978] ), the particular circumstances of this case warrant a finding of harmless error ( see People v. Lloyd, 66 N.Y.2d 964, 498 N.Y.S.2d 785, 489 N.E.2d 754 [1985];People v. Beckwith, 303 A.D.2d 594, 595, 759 N.Y.S.2d 80 [2003];People v. Strain, 238 A.D.2d 452, 657 N.Y.S.2d 346 [1997],lv. denied90 N.Y.2d 864, 661 N.Y.S.2d 191, 683 N.E.2d 1065 [1997] ).
We have considered and rejected defendant's pro se claims.