PEOPLE v. BERRY

Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the record demonstrates that as a condition of his plea of guilty he knowingly, intentionally, and voluntarily waived appellate review of "anything that's already happened in [this] case" ( see, People v Cavi, 89 NY2d 868; People v Allen, 82 NY2d 761). Additionally, after a thorough explanation of his rights, the defendant expressly agreed to waive appellate review of the denial of those branches of his omnibus motion which were to suppress a gun and identification evidence ( see, People v Capone, 229 AD2d 445; People v Maize, 226 AD2d 654; People v Byrd, 225 AD2d 631; People v Sebastian, 197 AD2d 647). Therefore, appellate review of the suppression issues the defendant presently attempts to raise is unavailable.