MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

On appeal from a judgment convicting him following a bench trial of robbery in the second degree (Penal Law 160.10), defendant contends that County Court erred in failing to conduct a pretrial hearing on his suppression motion and to render a pretrial decision on that motion ( see CPL 710.40). Defendant consented to the concurrent suppression hearing and bench trial conducted by the court ( see People v. Restrepo, 295 A.D.2d 627, 628, lv denied 98 N.Y.2d 732; People v. Montalvo, 263 A.D.2d 461, 462, lv denied 94 N.Y.2d 826; People v. Hanson, 256 A.D.2d 74, lv denied 93 N.Y.2d 874; see also People v. Yousef, 236 A.D.2d 868, lv denied 90 N.Y.2d 860, 866) and thus waived that contention. Defendant further contends that reversal is required because the court failed to render a decision on defendant's suppression motion before returning its verdict. Although the court should have explicitly ruled on the suppression motion, the court's failure to rule constitutes an implicit denial of the suppression motion ( see People v. Jackson, 291 A.D.2d 930, lv denied 98 N.Y.2d 677; People v. Virgil, 269 A.D.2d 850, lv denied 95 N.Y.2d 806; see also People v. Bailey, 58 N.Y.2d 272, 275).