People v. Drakes

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Maraño, J.), rendered August 19, 1988, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (Starkey, J.), of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

Since the defendant was not charged with criminal possession of a controlled substance under a statutory presumption (see, Penal Law § 220.25…