Majority
p. 389The People of the State of New York, Respondent, v Jorge Marin, Appellant.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Appelman, J.), rendered October 14, 1987, convicting him of criminal possession of a controlled substance 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 evidence.
Ordered that the judgment is affirmed.
The waiver of a statutory right to seek appellate review of the denial of that branch of a defendant’s omnibus motion which was to suppress evidence upon an appeal from a judg
p. 390
ment of conviction is an acceptable condition of a plea agreement (see, People v Williams, 36 NY2d 829 , cert denied 423 US 873 ) and the waiver is enforceable if knowingly and voluntarily made (see, People v Smith, 74 NY2d 1 ). On the instant record we conclude that the defendant may properly be held to the waiver of his right to appellate review of the denial of his suppression motion (People v Roberts, 152 AD2d 678 , 679; People v Smith, supra). Accordingly, we need not address the merits of the denial of suppression. Mangano, J. P., Bracken, Kunzeman and Spatt, JJ., concur.
Cases cited
- People v. Williams 36 NY2d 829 p. 390
- People v. Seaberg 74 NY2d 1 p. 390