People v. Jandrew

Yesawich, Jr., J. (dissenting).

Were it not for the special status which the Legislature has accorded suppression motions, the neatness of deductive reasoning alone would require yielding to the logic that a general waiver of the right to appeal includes within it a waiver of a defendant’s right to appeal the denial of his motion to suppress. In New York, however, this right to appeal the denial of a motion to suppress notwithstanding a plea of guilty has been singled out by the Legislature for uncommon treatment. The policy considerations underlying enactment of CPL 710.70 (subd 2) were a…