Opinion
2002-07755, 2002-07756.
Decided May 10, 2004.
Appeal by the defendant from two judgments of the County Court, Suffolk County (Ohlig, J.), both rendered July 29, 2002, convicting him of promoting a sexual performance by a child and endangering the welfare of a child under Indictment No. 2339B-2001, and course of sexual conduct against a child in the first degree, use of a child in a sexual performance, and possessing a sexual performance by a child, under Indictment No. 2168-2001, upon his pleas of guilty, and imposing sentences.
Edward M. Gould, Islip, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael Blakey of counsel), for respondent.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, HOWARD MILLER, GLORIA GOLDSTEIN, 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 both judgments. The defendant's waiver of his right to appeal forecloses appellate review of his challenge to the denial of his motion to suppress physical evidence ( see People v. Kemp, 94 N.Y.2d 831; People v. Malik, A.D.3d [2d Dept, Apr. 5, 2004]). Similarly, the defendant's waiver of his right to appeal forecloses his claim that his sentence was excessive ( see People v. Hidalgo, 91 N.Y.2d 733; People v. Barnes, 306 A.D.2d 537, lv denied 1 N.Y.3d 568).
RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.