Opinion
1999-02001.
Decided June 14, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Perone, J.), rendered January 22, 1999, convicting him of attempted murder in the second degree, upon his plea of guilty, and imposing sentence.
Andrew E. MacAskill, Garden City, N.Y., for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Thomas A. Kenniff and Lois Cullen Valerio of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, STEPHEN G. CRANE, ROBERT A. SPOLZINO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant entered into a plea agreement pursuant to which he knowingly, intelligently, and voluntarily waived his right to appeal his conviction, and withdrew all motions. Accordingly, the plea agreement forecloses appellate review of the denial of his suppression motion ( see People v. Kemp, 94 N.Y.2d 831, 833; People v. McClane, A.D.3d [2d Dept, May 10, 2004]; People v. Malik, A.D.3d [2d Dept, Apr. 5, 2004]; People v. Scott, 286 A.D.2d 352, 353).
Although the defendant's waiver of his right to appeal does not encompass his contention that his plea was coerced ( see People v. Callahan, 80 N.Y.2d 273, 280; People v. Seaberg, 74 N.Y.2d 1, 10; People v. Herring, 274 A.D.2d 525, 526), his claim is unpreserved for appellate review because he did not move to withdraw his plea or vacate the judgment of conviction on this ground ( see People v. Aveni, A.D.3d [2d Dept, May 10, 2004]; People v. Demosthene, 2 A.D.3d 874; People v. Alexis, 295 A.D.2d 529; People v. Thomas, 262 A.D.2d 588, 589).
RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.