Opinion
January 30, 1989
Appeal from the County Court, Westchester County (McMahon, J.).
Ordered that the judgment is affirmed.
In order to induce the prosecution to agree to the terms of a negotiated plea bargain, the defendant expressly stated, in his plea allocution, that he would withdraw all pretrial motions, whether pending or decided. This did not constitute a waiver by the defendant of his right to appeal from the judgment rendered upon his plea of guilty (cf., People v Smith, 142 A.D.2d 195; People v Seaberg, 139 A.D.2d 53, lv granted 72 N.Y.2d 1049). Instead, the defendant, in effect, agreed to remove from the scope of appellate review all questions concerning the County Court's pretrial rulings, including those which would otherwise have been reviewable pursuant to CPL 710.70 (2) (see, People v Corti, 88 A.D.2d 345; cf., People v Williams, 36 N.Y.2d 829, 830). The defendant's first two arguments on appeal are therefore not properly before this court. The defendant's final argument, concerning the specificity of the allegations contained in the indictment, is not one which may be raised for the first time on appeal (see, People v Soto, 44 N.Y.2d 683, 684; People v Byrdsong, 133 A.D.2d 164, 165). Mangano, J.P., Bracken, Kunzeman and Balletta, JJ., concur.