Opinion
November 13, 1995
Appeal from the County Court, Westchester County (Murphy, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contentions, we find that his waiver of appellate review was knowingly, intelligently, and voluntarily made (see, People v Callahan, 80 N.Y.2d 273). Moreover, as a condition of his plea of guilty the defendant withdrew all motions, both pending and decided (see, People v Sebastian, 197 A.D.2d 647). Therefore, the defendant's current challenges to the court's suppression ruling are not properly presented for review.
The defendant has not demonstrated that he received ineffective assistance of counsel. To the extent that the defendant's supplemental pro se brief raises contentions that are predicated upon documents which are not part of the record before the suppression court, they are not properly presented for our review (see, People v Neal, 205 A.D.2d 711). In any event, the Mount Vernon City Court records that the defendant claims his attorney should have utilized were not received until more than eight months after the denial of the defendant's suppression motion and plea of guilty. Therefore, his attorney clearly was not ineffective for failing to utilize documents that he did not possess, and which in any event do not support the defendant's claims (see, People v Desir, 138 A.D.2d 236).
To the extent they survive his waiver of appellate review, the defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit. Rosenblatt, J.P., Miller, Santucci and Florio, JJ., concur.