Opinion
October 5, 1992
Appeal from the Supreme Court, Richmond County (Felig, J.).
Ordered that the judgment is affirmed.
Prior to the entry of his plea of guilty, the defendant agreed to withdraw his pretrial motion to suppress narcotics seized from his apartment pursuant to a search warrant. Accordingly, the defendant waived his right to appellate review of the denial of his motion to suppress physical evidence seized pursuant to the warrant (see, People v Gary, 179 A.D.2d 821; People v Flores, 177 A.D.2d 647; People v Williams, 167 A.D.2d 491). Moreover, by failing to move to vacate his plea or to set aside his conviction on the ground that his waiver was not knowing and voluntary, the defendant failed to preserve the waiver issue for appellate review (see, People v Rodriguez, 180 A.D.2d 654; People v Quian, 173 A.D.2d 576; People v Mangham, 167 A.D.2d 487). In any event, we note that, contrary to the defendant's contention, it was not improper for the Supreme Court, in accordance with its own policy, to require him to waive his right to appellate review of the suppression ruling in exchange for a sentence commitment (see, People v Scott, 183 A.D.2d 860; People v Bratton, 175 A.D.2d 136; People v Strafford, 164 A.D.2d 898). Rosenblatt, J.P., Eiber, O'Brien and Ritter, JJ., concur.