Opinion
September 28, 1998
Appeal from the Supreme Court, Queens County (McGann, J.).
Ordered that the judgment is affirmed.
The defendant, both orally and in writing, knowingly, voluntarily, and intelligently waived his right to appeal. Accordingly, his present assertions of preindictment prosecutorial misconduct were waived ( see, People v. Callahan, 80 N.Y.2d 273; People v. Seaberg, 74 N.Y.2d 1, 4). In any event, the defendant's claims were forefeited by operation of law upon entry of his plea of guilty ( see, People v. Di Raffaele, 55 N.Y.2d 234; People v. Randolph, 222 A.D.2d 205; People v. Morgan, 209 A.D.2d 727; People v. Lunan, 206 A.D.2d 671).
O'Brien, J.P., Thompson, Friedmann and Goldstein, JJ., concur.