PEOPLE v. SMITH

Ordered that the judgment is affirmed.

The defendant knowingly and voluntarily waived his statutory right to seek review of the denial of that branch of his omnibus motion which was to suppress certain evidence as a condition of his plea bargain. Such a condition is acceptable and valid (see, People v. Williams, 36 N.Y.2d 829, cert denied 423 U.S. 873; People v. Moore, 123 A.D.2d 363, lv denied 68 N.Y.2d 1002; People v. Pescatore, 102 A.D.2d 834; People v. Greshen, 97 A.D.2d 799; People v. Rolston, 66 A.D.2d 617, 629, n 5, affd 50 N.Y.2d 1048). Under these circumstances, we will not discuss the merits of the defendant's suppression claim. Thompson, J.P., Niehoff, Eiber, Sullivan and Harwood, JJ., concur.