Opinion
December 23, 1994
Appeal from the Monroe County Court, Maloy, J.
Present — Green, J.P., Wesley, Callahan, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: The record supports the suppression court's finding that defendant, despite his illiteracy and intellectual limitations, knowingly, voluntarily and intelligently waived his Miranda rights and agreed to speak to the police (see, People v Thayer, 210 A.D.2d 977 [decided herewith]; People v Ludlow, 187 A.D.2d 936, lv denied 81 N.Y.2d 888; People v Matthews, 148 A.D.2d 272, lv dismissed 74 N.Y.2d 950). Because defendant pleaded guilty before the court ruled on the alleged Payton violation (see, Payton v New York, 445 U.S. 573), defendant waived his right to raise that issue on appeal (see, People v Fernandez, 67 N.Y.2d 686; People v Van Asten, 159 A.D.2d 252; People v Woods, 156 A.D.2d 1012, lv denied 75 N.Y.2d 926; People v Lewis, 140 A.D.2d 630).