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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN MIDDLETON, Appellant.

Ordered that the judgment is affirmed.

The defendant knowingly and voluntarily pleaded guilty prior to such time as the court might have rendered a final order denying his suppression motion. Accordingly, and in accordance with his express waiver of all motions both pending and decided, the defendant may not now argue that the court erred in its ruling on his related motion to compel discovery (see, People v Fernandez, 67 N.Y.2d 686). Thompson, J.P., Brown, Balletta and Miller, JJ., concur.

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PEOPLE v. MIDDLETON
(Jul 30, 1990)