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PEOPLE v. McGOURTY

125 A.D.2d 417 (1986)

The People of the State of New York, Respondent, v. James Edward McGourty, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 8, 1986

Ordered that the judgment is affirmed.

As a condition of accepting his plea, the defendant knowingly and voluntarily waived his right to seek appellate review of the order denying his suppression motion. In any event suppression was properly denied. Further, the defendant never sought to withdraw his plea or set aside his conviction prior to sentencing. Therefore, he cannot now raise that issue on appeal (see,

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