Opinion
October 29, 1990
Appeal from the County Court, Westchester County (Cowhey, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's assertions, the sentencing court properly exercised its discretion in denying his application to withdraw his guilty plea (see, People v. Ellis, 163 A.D.2d 611; People v. Moore, 150 A.D.2d 807; People v. Gardner, 150 A.D.2d 722; People v. Orr, 144 A.D.2d 391). The record amply demonstrates that the defendant knowingly, voluntarily and intelligently entered his guilty plea (see, People v. Harris, 61 N.Y.2d 9; see also, People v. Jackson, 140 A.D.2d 713; People v. Melendez, 135 A.D.2d 660). Nor does the record support the defendant's assertion that he was denied the effective assistance of counsel (see, People v Nicholls, 157 A.D.2d 1004; People v. Napoli, 145 A.D.2d 655; People v. Saggese, 135 A.D.2d 669).
Having freely and knowingly withdrawn all motions, pending or decided, as part of his plea bargain, the defendant may not now seek appellate review of the hearing court's rulings on his suppression motion (see, People v. Middleton, 163 A.D.2d 615; People v. Sampson, 156 A.D.2d 492; People v. Reyes, 156 A.D.2d 397). In any event, even if the issues were reviewable upon appeal, we would hold that the initial stop of the defendant by the police was not unlawful (see, People v. Reddick, 124 A.D.2d 609; People v. Olsen, 93 A.D.2d 824), and the defendant's confession was not obtained in violation of his right to counsel (see, People v. Bing, 76 N.Y.2d 331).
Finally, the defendant's contention with respect to the missing transcript of the voir dire of the jury and opening statements is without merit (see, Judiciary Law § 297; People v. Bruno, 161 A.D.2d 778; People v. Acevedo, 104 A.D.2d 946). Brown, J.P., Kunzeman, Eiber and Balletta, JJ., concur.