Opinion
June 11, 1990
Appeal from the Supreme Court, Kings County (Lombardo, J.).
Ordered that the judgment is affirmed.
We have reviewed the record and agree with the defendant's assigned counsel that there are no meritorious issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted (see, Anders v. California, 386 U.S. 738; People v. Paige, 54 A.D.2d 631; cf., People v. Gonzalez, 47 N.Y.2d 606).
In addition, we find that the contentions raised by the defendant in her supplemental pro se brief are without merit. By pleading guilty while her suppression motion was still pending and undecided, the defendant waived appellate review of any issues raised therein (see, People v. Fernandez, 67 N.Y.2d 686). Furthermore, by pleading guilty, the defendant waived her claim that the prosecutor should have presented a lesser included offense to the Grand Jury (see, People v. Martin, 145 A.D.2d 440). Finally, the defendant's claim that she was denied the effective assistance of counsel is based on matters dehors the record and thus is not reviewable on direct appeal from her judgment of conviction (see, People v. Bosley, 149 A.D.2d 520). The appropriate remedy is a postconviction motion pursuant to CPL 440.10 (see, People v. Bosley, supra). Thompson, J.P., Brown, Rubin, Balletta and Miller, JJ., concur.