Opinion
July 12, 1989
Appeal from the Niagara County Court, DiFlorio, J.
Present — Dillon, P.J., Callahan, Green, Pine and Davis, JJ.
Judgment unanimously affirmed. Memorandum: As a condition to the acceptance of his plea, defendant knowingly and voluntarily waived his right to appeal from the court's denial of his suppression motion (see, People v Williams, 36 N.Y.2d 829, cert denied 423 U.S. 873; People v Smith, 142 A.D.2d 195, affd 74 N.Y.2d 1; People v Seaberg, 139 A.D.2d 53, affd 74 N.Y.2d 1; People v Durant, 101 A.D.2d 1008). Although defendant's plea did not waive his jurisdictional claim (see, People v Case, 42 N.Y.2d 98, 99-100), that claim lacks merit because defendant possessed contraband in Niagara County (see, CPL 20.40 [a]; People v Botta, 100 A.D.2d 311, 313-315; People v Lowen, 100 A.D.2d 518, 519).