People v. Woods

Judgment unanimously affirmed. Memorandum: The People concede that County Court erred in summarily denying defendant’s motion to suppress his statements (see, People v Jones, 149 AD2d 915). Defendant’s motion, however, was denied with "leave to resubmit.” Defendant did not resubmit his motion and instead, pleaded guilty to burglary in the third degree, unauthorized use of a vehicle, and criminal mischief in the fourth degree. By pleading guilty before obtaining an order finally determining the suppression issue, defendant waived his right to appeal that issue, and the statutory exception…