People v. Rodriguez

Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered February 25, 2005, convicting defendant, upon his plea of guilty, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2V2 to 5 years, unanimously affirmed.

The record fails to support defendant’s assertion that the court should be deemed to have denied his motion for a Mapp hearing by failing to specifically grant it. On the contrary, the record supports the conclusion that the motion court in fact *402granted that request, and that the failure of its decision and order to…