People v. Gaffney

—Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered March 23, 2000, convicting him of criminal possession of a controlled substance in the third degree and criminally using drug paraphernalia in the second degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

To invoke the protection of the Fourth Amendment (see US Const 4th Amend), a defendant must exhibit an…