Opinion
June 2, 1997
Appeal from the Supreme Court, Kings County (Demarest, J.).
Ordered that the judgment is affirmed.
The defendant did not, as a condition of his plea agreement, waive his right to appellate review of the court's denial of that branch of his omnibus motion which was to suppress physical evidence. The defendant was never clearly informed that such a waiver was a condition of his plea (see, People v. Bryant, 225 A.D.2d 786; People v. Bray, 154 A.D.2d 692, 693). Nevertheless, the defendant's arguments on appeal, under all the attendant circumstances, are without merit (see, People v. Batista, 88 N.Y.2d 650).
Copertino, J.P., Thompson, Santucci and Friedmann, JJ., concur.