Opinion
May 9, 1994
Appeal from the County Court, Nassau County (Dunne, J.).
Ordered that the judgment is affirmed.
We note initially that the general waiver of appellate review which the defendant agreed to as part of his plea bargain did not effectively waive his claim of voluntariness with respect to the plea which he now raises on appeal (see, People v. Seaberg, 74 N.Y.2d 1, 11). However, we find that the defendant's plea of guilty was knowingly and voluntarily entered, and that the court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his plea of guilty without conducting an evidentiary hearing (see, CPL 220.60; People v. Frederick, 45 N.Y.2d 520, 527; People v. Tinsley, 35 N.Y.2d 926, 927). Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.