Opinion
November 5, 1990
Appeal from the County Court, Westchester County (Marasco, J.).
Ordered that the judgment is affirmed.
Prior to the court's acceptance of his plea of guilty, the defendant, through counsel, withdrew "all motions either pending or already decided" by the court. By so withdrawing all his pretrial motions, the defendant waived his right to seek review of the court's suppression determination as well as its denial of his severance application upon appeal from the judgment of conviction. Therefore, the defendant is precluded from now raising these issues (see, People v. Kafka, 128 A.D.2d 895; People v. Feingold, 125 A.D.2d 587; People v. Colarusso, 103 A.D.2d 848; see also, People v. Williams, 36 N.Y.2d 829, cert. denied 423 U.S. 873).
Our review of the plea allocution indicates that the defendant pleaded guilty voluntarily and that the plea satisfied the requirements of People v. Harris ( 61 N.Y.2d 9).
Inasmuch as the People have not taken a cross appeal, we decline to modify the sentence as suggested by the People (see, People v. Pratt, 119 A.D.2d 839). Thompson, J.P., Brown, Balletta, Miller and O'Brien, JJ., concur.