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PEOPLE v. BATTISTA

167 A.D.2d 344 (1990)

The People of the State of New York, Respondent, v. Jose Battista, Appellant

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

November 5, 1990

Ordered that the judgment is affirmed.

Prior to the court's acceptance of his plea of guilty, the defendant, through counsel, withdrew "all motions either pending or already decided" by the court. By so withdrawing all his pretrial motions, the defendant waived his right to seek review of the court's suppression determination as well as its denial of his severance application upon appeal from the judgment of conviction...

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