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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARVEY BRITTON, Appellant.

Ordered that the judgment is affirmed.

The record reveals that prior to the hearing court's rendering its decision on the branch of the defendant's omnibus motion which was to suppress physical evidence, the defendant elected to plead guilty. Accordingly, the defendant forfeited his right to appellate review of the suppression issue (see, People v Patterson, 194 A.D.2d 748; People v. Carty, 173 A.D.2d 900; see generally, People v. Fernandez, 67 N.Y.2d 686). Bracken, J.P., Lawrence, Santucci and Goldstein, JJ., concur.

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PEOPLE v. BRITTON
(Oct 17, 1994)