Opinion
February 16, 2000
Appeal from Judgment of Cayuga County Court, Contiguglia, J. — Promoting Prison Contraband, 1st Degree.
PRESENT: PINE, J. P., WISNER, HURLBUTT AND BALIO, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant pleaded guilty and as part of his plea bargain waived his right to appeal. That waiver encompasses the contentions of defendant that he was denied the right to appear before the Grand Jury, that the indictment is not supported by legally sufficient evidence, that County Court improperly determined his suppression motion in his absence, and that he was denied due process during pretrial procedures ( see, People v. Muniz, 91 N.Y.2d 570, 573-575). Further, by pleading guilty, defendant waived his right to challenge the failure of the People to notify him of his right to appear before the Grand Jury ( see generally, People v. Bostick, 235 A.D.2d 287, lv denied 89 N.Y.2d 1089), the legal sufficiency of the evidence before the Grand Jury ( see, People v. Shandler, 168 A.D.2d 648, 649-650, affd 78 N.Y.2d 986), and the denial of his suppression motion ( see generally, People v. Frank, 258 A.D.2d 900, lv denied 93 N.Y.2d 924).