Opinion
July 17, 1989
Appeal from the Supreme Court, Queens County (Kellam, J.).
Ordered that the appeal is dismissed.
The waiver of a statutory right to appeal the denial of a suppression motion is an acceptable condition of a plea bargain (see, People v Williams, 36 N.Y.2d 829, cert denied 423 U.S. 873) where such a waiver has been knowingly and voluntarily made (see, People v Seaberg, 139 A.D.2d 53, affd 74 N.Y.2d 1; People v Smith, 142 A.D.2d 195, affd 74 N.Y.2d 1).
Here, the record establishes that the defendant's guilty plea was entered voluntarily and knowingly (see, People v Harris, 61 N.Y.2d 9). The defendant also acknowledged to the Trial Judge that he had "discuss[ed] * * * in detail" with his counsel the conditions on which the plea was made (cf., People v Roach, 62 A.D.2d 1157, revd on other grounds 47 N.Y.2d 777). Moreover, the confession of factual guilt by the defendant was unequivocal. Under these circumstances, we conclude that this defendant may properly be held to the waiver of his right to appeal from the denial of his suppression motion (see, People v Williams, supra, at 829; People v Seaberg, supra; People v Smith, supra).
Accordingly, we need not address the merits of the denial of the defendant's motion. Mollen, P.J., Mangano, Kunzeman and Balletta, JJ., concur.