People v. Esajerre

The question here is whether, as defendant contends, his waiver of a determination by the court at the conclusion of a suppression hearing is invalid as a matter of law. Defendant urges this is so because the waiver was a precondition to the offer of a reduced plea and, further, defendant was denied an adequate opportunity to weigh the consequences of such waiver.

A brief recital of the facts is in order. Defendant was arrested October 6,1971 in the hallway of a building by officers responding to a call of a burglary-in-process. A similar alarm had occurred the previous night. At the time he…