Ordered that the judgment and order are affirmed. The record fails to establish that the defendant knowingly, intelligently, and voluntarily waived his right to appeal ( see, People v Callahan, 80 NY2d 273, 283; People v Geraghty, 224 AD2d 544; People v Dewberry, 223 AD2d 555; People v Cohen, 210 AD2d 343; People v McCaskell, 206 AD2d 547; People v Santiago, 194 AD2d 468). However, the defendant's assertion that the lineup was suggestive is lacking in merit ( see, People v Eldridge, 213 AD2d 667; People v Harris, 187 AD2d 530). Lastly, the court properly denied the defendant's motion to vacate the judgment pursuant to CPL 440.10 ( see, e.g., People v Connolly, 181 AD2d 739; People v Ostuni, 165 AD2d 838; see also, People v Prochilo, 41 NY2d 759).