Ordered that the judgment is affirmed.
The defendant knowingly and voluntarily pleaded guilty (see, People v. Harris, 61 N.Y.2d 9). The plea was entered prior to a determination of his suppression motions, and he explicitly withdrew "all motions pending or decided" as a condition of his plea. Therefore, he cannot now raise suppression issues on appeal (People v. Fernandez, 67 N.Y.2d 686; see also, People v Colarusso, 103 A.D.2d 848). Further, the defendant's challenge to the constitutionality of the 1981 amendment to Penal Law § 140.25 (2), which abrogated the distinction between burglaries of dwellings committed during the day and those committed at night (see, L 1981, ch 361), classifying both as class "C" violent felonies, is without merit. Assuming that the defendant can raise this issue on appeal (see, People v. Thomas, 74 A.D.2d 317, affd 53 N.Y.2d 338), this amendment has been declared constitutional (see, People v. Kepple, 98 A.D.2d 783; People v. Buyce, 97 A.D.2d 632). Lastly, the defendant pleaded guilty with knowledge that he would receive the sentence imposed (People v. Kazepis, 101 A.D.2d 816). Bracken, J.P., Weinstein, Spatt, and Harwood, JJ., concur.