Opinion
October 29, 1987
Appeal from the County Court of Rensselaer County (Dwyer, Jr., J.).
When this matter was previously before us, we withheld decision in order to get a dispositive determination as to whether County Court ruled on defendant's suppression motion ( 132 A.D.2d 862). County Court has indicated that before it could render a decision on the suppression motion defendant absconded. After defendant was found and brought back to the court, he pleaded guilty to the charged crimes. No decision was ever rendered on the suppression motion. By pleading guilty prior to obtaining an order denying his suppression motion, defendant has waived appellate review (see, People v. Fernandez, 67 N.Y.2d 686, 687; People v. Plummer, 122 A.D.2d 285, lv denied 68 N.Y.2d 915, 916).
Judgment affirmed. Mahoney, P.J., Weiss, Yesawich, Jr., Levine and Harvey, JJ., concur.