Opinion
December 15, 1998
Appeal from the Supreme Court, New York County (Allen Alpert, J.).
The record of the plea proceedings establishes that defendant's right to appeal from the denial of his motion to suppress physical evidence was knowingly, intelligently, and specifically waived as part of his negotiated plea bargain ( People v. Seaberg, 74 N.Y.2d 1; People v. Aponte, 212 A.D.2d 157). Appellate review of this issue is thus foreclosed.
Since the waiver was expressly limited to the suppression issue, review of the sentence is not foreclosed. However, there was clearly no abuse of sentencing discretion in light of defendant's violations of the various conditions imposed.
Concur — Ellerin, J. P., Nardelli, Rubin and Saxe, JJ.