Opinion
April 17, 1989
Appeal from the County Court, Westchester County (West, J.).
Ordered that the appeal is dismissed.
The defendant pleaded guilty to attempted burglary in the third degree to cover all charges contained in the indictment. As a condition of such plea, the defendant withdrew all motions, pending or decided, and cannot, therefore, now raise a suppression issue on appeal (see, People v. Colarusso, 103 A.D.2d 848). Having also expressly waived his right to appeal, the defendant's appeal must be dismissed (see, People v. Williams, 36 N.Y.2d 829, cert denied 423 U.S. 873; People v. Smith, 142 A.D.2d 195; People v. Seaberg, 139 A.D.2d 53). Mollen, P.J., Thompson, Lawrence and Kunzeman, JJ., concur.