Opinion
December 22, 1986
Appeal from the Supreme Court, Suffolk County (McInerney, J.).
Ordered that the judgment is affirmed.
The indictment of the 24 defendants in this case resulted from an investigation of a narcotics operation. The defendant Harry Feingold was indicted on four counts, including conspiracy and the sale and possession of cocaine. That branch of his omnibus motion which was to suppress tape recordings obtained as a result of court-ordered wiretaps was denied, and he subsequently pleaded guilty to the instant charges. Prior to accepting the defendant's plea, the court inquired as to whether he was withdrawing all motions "already ruled upon by the Court or now before this Court with respect to this proceeding". The defendant, represented by counsel, withdrew all motions "heretofore made".
On appeal, the defendant raises various issues concerning the denial of his motion to suppress. We decline to reach those issues as we find that the defendant knowingly and voluntarily waived his right to review of the denial of his omnibus motion by withdrawing all motions prior to acceptance of his plea (see, People v. Williams, 36 N.Y.2d 829, cert denied 423 U.S. 873; People v. Colarusso, 103 A.D.2d 848; People v. Jandrew, 101 A.D.2d 90).
The imposition of consecutive sentences was permissible here because the offense of criminal sale of a controlled substance in the second degree is not a material element of the offense of conspiracy (see, People v. Catone, 65 N.Y.2d 1003). Mangano, J.P., Bracken, Niehoff and Spatt, JJ., concur.