PEOPLE v. CABOT (2022)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Deborah A. Dowling, J.), rendered January 3, 2019, convicting him of criminal possession of a firearm, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant contends that the Supreme Court should have granted those branches of his omnibus motion which were to suppress physical evidence and his statements to law enforcement officials.  However, the defendant withdrew all motions, both pending and decided, as a condition of his plea of guilty.  By withdrawing those motions, the defendant waived his right to seek appellate review of the court's suppression ruling (see People v. Abney, 10 A.D.3d 617, 618, 781 N.Y.S.2d 456;  People v. Jones, 288 A.D.2d 322, 732 N.Y.S.2d 874;  People v. Lyle, 221 A.D.2d 475, 633 N.Y.S.2d 570;  see also People v. King, 115 A.D.3d 986, 987, 982 N.Y.S.2d 178;  cf.  People v. Burbridge, 194 A.D.3d 831, 832, 147 N.Y.S.3d 129).

DILLON, J.P., MILLER, CHRISTOPHER and WARHIT, JJ., concur.