People v. Burgess

Appeal by the defendant from a judgment of the Supreme Court, Kings County (DiMango, J.), rendered October 25, 2012, convicting him of criminal possession of a controlled substance in the seventh degree and resisting arrest, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (Tomei, J.), of that branch of the defendant’s pretrial motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

The defendant’s waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257 [2011]; People v Pressley, 116…