People v. Hassan

*741Contrary to the People’s contention, the defendant’s waiver of his right to appeal was not valid (see People v Monsuri, 83 AD3d 870 [2011], lv denied 17 NY3d 808 [2011]; People v Bradshaw, 76 AD3d 566, 569 [2010], lv granted 15 NY3d 896 [2010]) and, therefore, the purported waiver does not bar review of the defendant’s claim.

Nevertheless, following the pretrial Mapp hearing (see Mapp v Ohio, 367 US 643 [1961]), the hearing court properly denied that branch of the defendant’s omnibus motion which was to suppress physical evidence. Under the fellow officer rule, if an arresting officer lacks…