Ordered that the judgment is affirmed.
The defendant contends that the Supreme Court violated his rights under CPL 710.40 (3) by proceeding to trial without determining a branch of his omnibus motion. We disagree. Although the defendant has a right to a determination on a pretrial motion prior to the commencement of trial (see, CPL 710.40 [3]), the defendant waived this right by voluntarily proceeding with jury selection prior to a determination on a branch...
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