Opinion
September 16, 1997
Appeal from Supreme Court, New York County (Leslie Crocker Snyder, J.).
Since defendant never requested a hearing in order to present additional evidence on his motion to withdraw his guilty plea, his claim of error regarding the absence of such a hearing is unpreserved ( see, People v. Negron, 222 A.D.2d 327, lv denied 88 N.Y.2d 882), and we decline to review it in the interest of justice. In any event, the court properly denied the motion, after sufficient inquiry, since the plea was knowing, voluntary and intelligent, notwithstanding defendant's conclusory claims of innocence and coercion, and since defendant declined the opportunity to elaborate on his claims ( see, People v Fiumefreddo, 82 N.Y.2d 536; People v. Frederick, 45 N.Y.2d 520).
The guilty plea waived any claim regarding the issuing court's failure to recuse itself upon defendant's motion to controvert the warrants and, in any event, his failure to request recusal renders his claim unpreserved for review ( see, People v. Gonzalez, 207 A.D.2d 734, lv denied 84 N.Y.2d 1011; People v. Morales, 189 A.D.2d 700, lv denied 81 N.Y.2d 889). Moreover, defendant's claim that the issuing court lacked neutrality in issuing the search warrants and also determining the motion to controvert the same warrants is unsubstantiated by the record and without merit ( see, People v McCann, 85 N.Y.2d 951; People v. Tambe, 71 N.Y.2d 492; People v Castillo, 80 N.Y.2d 578, 584, cert denied 507 U.S. 1033). The warrant applications were supported by affidavits and/or testimony by a police officer, and the issuing court properly summarized all communications with that officer ( see, CPL 690.40; People v. Valdez-Rodrigues, 235 A.D.2d 627, lv denied 89 N.Y.2d 1041; People v. McGourty, 188 A.D.2d 679, lv denied 81 N.Y.2d 843; People v. Miller, 187 A.D.2d 930).
Finally, the warrants in question were amply supported by probable cause ( see, People v. Bigelow, 66 N.Y.2d 417, 424; see also, Velardi v. Walsh, 40 F.3d 569, 575; United States v. Harris, 903 F.2d 770, 773; United States v. Casso, 843 F. Supp. 829).
Concur — Ellerin, J.P., Williams, Mazzarelli, Andrias and Colabella, JJ.