Opinion
November 17, 1998
Appeal from the Supreme Court, New York County (Budd Goodman, J.).
Defendant's guilty plea waived his statutory speedy trial claim ( see, People v. O'Brien, 56 N.Y.2d 1009). The court's summary denial of defendant's motion to suppress physical evidence was proper since the allegations contained in his motion papers, when considered in light of the felony complaint and the People's voluntary disclosure form, failed to raise a factual issue as to the lawfulness of his arrest, in that these allegations did not address the underlying undercover sale ( People v. Mendoza, 82 N.Y.2d 415; People v. Rosario, 245 A.D.2d 151, lv denied 91 N.Y.2d 896).
Concur — Nardelli, J. P., Rubin, Tom and Andrias, JJ.