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People v. Reyes

Appellate Division of the Supreme Court of New York, Second Department
Dec 4, 1989
156 A.D.2d 397 (N.Y. App. Div. 1989)

Opinion

December 4, 1989

Appeal from the County Court, Westchester County (Cowhey, J.).


Ordered that the judgment is affirmed.

On appeal, the defendant raises various issues concerning the denial of his motion to suppress certain physical evidence. We decline to reach those issues as we find that the defendant knowingly and voluntarily waived his right to appellate review of the denial of his suppression motion by withdrawing all motions, whether decided or pending, prior to the acceptance of his plea (see, People v Williams, 36 N.Y.2d 829, cert denied 423 U.S. 873; People v Feingold, 125 A.D.2d 587; People v Colarusso, 103 A.D.2d 848; People v Jandrew, 101 A.D.2d 90).

We also find that, by pleading guilty, the defendant forfeited his right to appellate review of the denial of his motion to sever the counts of the indictment (see, People v Mitchell, 128 A.D.2d 731; People v Clavijo, 126 A.D.2d 907, 908). Mangano, J.P., Bracken, Kunzeman and Spatt, JJ., concur.


Summaries of

People v. Reyes

Appellate Division of the Supreme Court of New York, Second Department
Dec 4, 1989
156 A.D.2d 397 (N.Y. App. Div. 1989)
Case details for

People v. Reyes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS REYES, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 4, 1989

Citations

156 A.D.2d 397 (N.Y. App. Div. 1989)
548 N.Y.S.2d 347

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