Opinion
September 29, 1995
Appeal from the Onondaga County Court, Cunningham, J.
Present — Lawton, J.P., Fallon, Callahan, Davis and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Upon our review of the record, we conclude that defendant's motion to suppress the physical evidence was properly denied for reasons stated in the decision by the suppression court. The contention of defendant that he was denied the benefit of his plea bargain has not been preserved for our review (see, People v Moore, 155 A.D.2d 696). The record establishes that defendant agreed with the sentencing court's final determination that the bargained for sentence was legally impossible, and neither objected to the sentence imposed as violative of the sentence commitment nor moved to vacate his plea (see, People v Ellis, 162 A.D.2d 701, lv denied 76 N.Y.2d 892).