Opinion
March 16, 1987
Appeal from the Supreme Court, Kings County (Sullivan, J.).
Ordered that the judgment is affirmed.
A plea of guilty results in the forfeiture of appellate review of certain nonjurisdictional defects (see, e.g., People v Thomas, 74 A.D.2d 317, affd 53 N.Y.2d 338). A limited exception to this rule, set forth in CPL 710.70 (2), permits appellate review of orders which finally determine pretrial motions to suppress evidence. Thus, the defendant has forfeited his right to appellate review of the order dated June 3, 1983 (Lagana, J.), which denied his motion to sever various counts of the indictment (see, People v. Cleveland, 81 A.D.2d 944, 945; People v. Howard, 65 A.D.2d 775; People v. Smith, 41 A.D.2d 893). Further, since the defendant pleaded guilty prior to the determination of his motion to suppress certain identification testimony, he has similarly forfeited his right to appellate review of any claimed defect in connection with police-sponsored identification procedures (see, People v. Fernandez, 67 N.Y.2d 686, 687; see also, People v Corti, 88 A.D.2d 345).
The court did decide, before the defendant pleaded guilty, that branch of the defendant's omnibus motion which was to suppress certain statements made by the defendant to the police. We find that the denial of that branch of the defendant's omnibus motion is fully supported by the evidence contained in the record, which establishes that the defendant made certain statements only after having knowingly waived his Miranda rights. We have examined the defendant's remaining contentions and find them to be either unpreserved for review (see, People v. Pellegrino, 60 N.Y.2d 636; People v. Pascale, 48 N.Y.2d 997), or without merit. Rubin, J.P., Kunzeman, Spatt and Harwood, JJ., concur.