Opinion
December 30, 1999
Appeal from Judgment of Supreme Court, Erie County, Rossetti, J. — Attempted Burglary, 3rd Degree.
Judgment unanimously affirmed.
PRESENT: PINE, J. P., HAYES, WISNER, PIGOTT, JR., AND SCUDDER, JJ.
Memorandum:
The record establishes that defendant made a voluntary, knowing and intelligent waiver of his right to appeal ( see, People v. Hidalgo, 91 N.Y.2d 733, 736; People v. Callahan, 80 N.Y.2d 273, 280). That waiver encompasses the contention of defendant regarding the denial of his suppression motion ( see, People v. Outling, 231 A.D.2d 911, lv denied 89 N.Y.2d 945).