Opinion
Argued December 20, 1999
January 31, 2000
Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered May 20, 1997, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.
Anthony N. Iannarelli, Jr., New York, N.Y., for appellant, and appellant pro se.
Michael E. Bongiorno, District Attorney, New City, N.Y. (Ellen O'Hara Woods and Neil O'Donnell of counsel), for respondent.
THOMAS R. SULLIVAN, J.P., DANIEL F. LUCIANO, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant contends, inter alia, that State Troopers unlawfully stopped his car, and that everything which resulted from the improper stop (i.e., the arrest, the search, and the seizure of the controlled substance) should therefore be suppressed. However, by pleading guilty before the conclusion of the suppression hearing, the defendant forfeited his right to appellate review of these issues (see, People v. Fernandez, 67 N.Y.2d 686 ; People v. Flakes, 240 A.D.2d 428 ; People v. Ramos, 232 A.D.2d 433 ; People v. Britton, 208 A.D.2d 761).
The defendant's waiver of his right to appeal precludes review of his contention that he was denied the effective assistance of counsel except to the extent that this affected the voluntariness of his plea (see, People v. Wood, 207 A.D.2d 1001 ; People v. Ellett, 245 A.D.2d 952 ; People v. Conyers, 227 A.D.2d 793 ; see also, People v. Hidalgo, 91 N.Y.2d 733 ). We find that the plea was knowingly, voluntarily, and intelligently made (see, People v. Seaberg, 74 N.Y.2d 1 ; People v. Harris, 61 N.Y.2d 9 ).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.
SULLIVAN, J.P., LUCIANO, H. MILLER, and FEUERSTEIN, JJ., concur.