Opinion
2001-06205, 2001-06206
Submitted June 11, 2003.
June 30, 2003.
Appeals by the defendant from two judgments of the County Court, Orange County (Rosenwasser, J.), both rendered June 22, 2001, convicting him of criminal possession of a controlled substance in the second degree under Indictment No. 00-191, and bail jumping in the first degree under Indictment No. 01-076, upon his pleas of guilty, and imposing sentences.
Del Atwell, Montauk, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Daniel M. Reback of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgments are affirmed.
The defendant entered into a plea agreement pursuant to which he knowingly, intelligently, and voluntarily waived his right to appeal. The defendant's waiver of his right to appeal forecloses appellate review of his challenge to the denial of his motion to suppress statements he made to law enforcement officials ( see People v. Kemp, 94 N.Y.2d 831; People v. Arriaga, 294 A.D.2d 511). Similarly, the defendant's waiver of his right to appeal forecloses his claim that his sentence was harsh and excessive ( see People v. Hidalgo, 91 N.Y.2d 733; People v. Brathwaite, 263 A.D.2d 89, 92-93). Finally, the defendant was not denied the effective assistance of counsel ( see People v. Baldi, 54 N.Y.2d 137).
SANTUCCI, J.P., SMITH, LUCIANO, SCHMIDT and MASTRO, JJ., concur.