PEOPLE v. SIMMONS

Judgment affirmed.

Prior to pleading guilty, the defendant sought to suppress his in-court identification by a witness. However, Criminal Term did not finally determine that motion. Having pleaded guilty without a judicial resolution of this issue, the defendant waived his right to appellate review (see, People v. Fernandez, 67 N.Y.2d 686; People v. Pescatore, 102 A.D.2d 834). Mangano, J.P., Gibbons, Brown and Lawrence, JJ., concur.