Opinion
April 15, 1994
Appeal from the Onondaga County Court, Burke, J.
Present — Denman, P.J., Balio, Lawton, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant knowingly, voluntarily and intelligently waived his right to appeal as part of his plea bargain (see, People v Callahan, 80 N.Y.2d 273). That waiver encompassed the challenge of defendant to the denial of his motion to suppress identification testimony (see, People v Butler, 198 A.D.2d 427; People v Branham, 196 A.D.2d 546; People v Williams, 143 A.D.2d 162, 163). Defendant may challenge, nonetheless, the voluntariness of his plea (see, People v Francabandera, 33 N.Y.2d 429, 434, n 2; People v Jefferson, 203 A.D.2d 908 [decided herewith]; see, e.g., People v Griggs, 199 A.D.2d 1073; People v Przesiak, 198 A.D.2d 915). We have examined the contention of defendant that his plea of guilty was not knowing, voluntary and intelligent and find it to be lacking in merit.