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PEOPLE v. DURHAM

2396, 3226N/13.

145 A.D.3d 545 (2016)

2016 NY Slip Op 08438

44 N.Y.S.3d 33

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL DURHAM, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 15, 2016.

Regardless of whether defendant validly waived his right to appeal, review of his suppression claim is independently foreclosed by the fact that he pleaded guilty before the court issued any ruling on his suppression motion (see People v Fernandez, 67 N.Y.2d 686, 688 [1986]). Nothing in the record, including the clerk's worksheet, shows that the court issued "[a]n order finally denying...

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