Opinion
March 8, 1996
Appeal from the Supreme Court, Erie County, Rossetti, J.
Present — Pine, J.P., Lawton, Fallon, Callahan and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: Following denial of his pretrial motion to suppress physical evidence (cocaine), defendant pleaded guilty to attempted criminal possession of a controlled substance in the fifth degree. The record establishes that defendant made a knowing, intelligent and voluntary waiver of his right to appeal ( see, People v Callahan, 80 N.Y.2d 273; People v Moissett, 76 N.Y.2d 909; People v Seaberg, 74 N.Y.2d 1; People v Saunders, 190 A.D.2d 1092, lv denied 81 N.Y.2d 1019). That waiver precludes review of the merits of the suppression court's denial of defendant's suppression motion ( see, People v Gardner, 167 A.D.2d 937; People v Roberts, 152 A.D.2d 678, 679, lv denied 74 N.Y.2d 851). Were we to reach the merits, we would conclude that defendant failed to show that he had standing to challenge the search of the premises pursuant to the search warrant ( see, People v Sanchez-Reyes, 172 A.D.2d 1034, lv denied 78 N.Y.2d 926) and that, in any event, defendant's conduct in purposefully discarding the contraband constituted an abandonment of the bag and its contents ( see, People v Terry, 190 A.D.2d 1064, 1065, lv denied 81 N.Y.2d 1081).