Opinion
November 15, 1991
Appeal from the Niagara County Court, Hannigan, J.
Present — Callahan, A.P.J., Boomer, Pine, Balio and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in denying his motion to suppress property seized from his motel room pursuant to a search warrant because the issuing Magistrate failed to have the oral warrant application transcribed and to certify to the accuracy of the transcription as required by CPL 690.36 (3). Although there was technical noncompliance with the requirements of that statute, we conclude that reversal is not required where, as here, the issuing Magistrate filed the original audiotape within 24 hours of issuance of the warrant, thereby satisfying the statutory purposes of authentication and preservation (see, People v Camarre, 171 A.D.2d 1003; People v. Crandall, 108 A.D.2d 413, 416, affd 69 N.Y.2d 459, rearg denied 70 N.Y.2d 748).
Defendant's alternate grounds for suppression of the property seized based on the June 1, 1989 and June 3, 1989 search warrants have been raised for the first time on appeal. Because defendant failed to raise those issues before the suppression court, he is foreclosed from raising them on appeal (see, People v. Dancey, 57 N.Y.2d 1033, 1035; People v. Martin, 50 N.Y.2d 1029, 1031; People v. Tutt, 38 N.Y.2d 1011).
Defendant also challenges the trial court's denial of his CPL 440.10 motion. Defendant failed to obtain permission to appeal from the order denying his CPL 440.10 motion; therefore, that issue is not before us (see, CPL 450.15; People v. Watt, 176 A.D.2d 1201; People v. Ramsey, 104 A.D.2d 388).