People v. Gary, 179 A.D.2d 821 (N.Y. App. Div. 1992). · Go Syfert
People v. Gary, 179 A.D.2d 821 (N.Y. App. Div. 1992). Cases Citing This Book View Copy Cite
14 citation events (5 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Baez (nyappdiv, 2008-06-24)
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discussed Cited as authority (rule) People v. Baez
N.Y. App. Div. · 2008 · confidence medium
By withdrawing all motions, pending and undecided, the defendant waived his right to seek appellate review of the suppression ruling (see People v Jones, 288 AD2d 322 [2001]; People v Capone, 229 AD2d 445, 446 [1996]; People v Gary, 179 AD2d 821, 822 [1992]).
The People of the State of New York
v.
Vicki Gary
Appellate Division of the Supreme Court of the State of New York.
Jan 27, 1992.
179 A.D.2d 821
Cited by 9 opinions  |  Published

The defendant’s sole contention on appeal is that the hearing court erred in denying that branch of her omnibus motion[*822] which was to suppress statements she made to law enforcement personnel. A review of the record discloses, however, that the defendant expressly and voluntarily waived her right to appellate review of the denial of her suppression motion by consenting to withdraw all pending and decided motions at the time her plea was entered. Accordingly, as there exists no suppression ruling to be reviewed on appeal, the judgment must be affirmed (see, People v Flores, 177 AD2d 647; People v Williams, 167 AD2d 491). Thompson, J. P., Sullivan, Harwood and O’Brien, JJ., concur.