Opinion
May 23, 1988
Appeal from the County Court, Westchester County (Battisti, J.).
Ordered that the judgment is affirmed.
The defendant, on appeal, has interjected a claim that his right to counsel was violated by law enforcement officials and that those branches of his omnibus motion which sought the suppression of physical evidence, statements and prospective identification testimony should, therefore, have been granted. However, since the defendant entered into a guilty plea prior to any judicial determination with respect to this specific issue, he is now foreclosed from pursuing this claim on appeal (see, People v Fernandez, 67 N.Y.2d 686; People v Plummer, 122 A.D.2d 285, lv denied 68 N.Y.2d 916; People v Corti, 88 A.D.2d 345). The defendant is, nevertheless, entitled to appellate review of those issues actually litigated and finally determined by the hearing court, notwithstanding his guilty plea (see, CPL 710.70). Based upon the record before us, we find that the hearing court properly denied suppression for the reasons set forth in the court's oral decision rendered on May 12, 1983.
The defendant's challenge to the propriety of his guilty plea has not been preserved for appellate review (see, People v Pellegrino, 60 N.Y.2d 636). In any event, we find that the plea was knowingly, intelligently and voluntarily entered into (see, People v Harris, 61 N.Y.2d 9).
We have examined the defendant's remaining contentions and find them to be devoid of merit. Lawrence, J.P., Kunzeman, Eiber and Balletta, JJ., concur.