Opinion
December 31, 1997
Present — Denman, P.J., Green, Pine, Balio and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's waiver of the right to appeal does not foreclose review of the contention that defendant was denied effective representation of counsel ( see, People v. Polanco [appeal No. 1], 216 A.D.2d 957, lv denied 86 N.Y.2d 800; People v. Ferguson, 192 A.D.2d 800, lv denied 82 N.Y.2d 717). We conclude, however, that the contention lacks merit. Defense counsel made appropriate pretrial motions, successfully moved for suppression of defendant's first statement to the police and secured a sentencing commitment for less than the maximum sentence ( see, People v. Hough, 186 A.D.2d 1056, 1057, lv denied 81 N.Y.2d 762). Defendant's disagreement with counsel's decisions with respect to the presentation of evidence or cross-examination of witnesses at the Huntley hearing is insufficient to establish ineffective assistance of counsel ( see, People v. Flores, 84 N.Y.2d 184, 187). (Appeal from Judgment of Onondaga County Court, Burke, J. — Rape, 1st Degree.)