Opinion
December 20, 1989
Appeal from the Erie County Court, La Mendola, J.
Present — Callahan, J.P., Green, Balio, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The People concede that County Court erred in summarily denying defendant's motion to suppress his statements (see, People v Jones, 149 A.D.2d 915). Defendant's motion, however, was denied with "leave to resubmit." Defendant did not resubmit his motion and instead, pleaded guilty to burglary in the third degree, unauthorized use of a vehicle, and criminal mischief in the fourth degree. By pleading guilty before obtaining an order finally determining the suppression issue, defendant waived his right to appeal that issue, and the statutory exception expressed in CPL 710.70 (2) does not apply to this case (see, People v Fernandez, 67 N.Y.2d 686, 688; People v Corti, 88 A.D.2d 345). Defendant's contention that the court abused its discretion by failing to order a psychiatric examination of defendant pursuant to CPL 730.30 (1) is without merit (see, People v Clickner, 128 A.D.2d 917, lv denied 70 N.Y.2d 644).