Opinion
Submitted February 10, 2000
March 23, 2000
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered November 25, 1998, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
Cristina D'Amato Arvoy, White Plains, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.
SONDRA MILLER, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The record demonstrates that without any limitation, the defendant knowingly, intelligently, and voluntarily waived his right to appeal his conviction and sentence (see, People v. Moissett, 76 N.Y.2d 909 ; People v. Seaberg, 74 N.Y.2d 1 ). That valid waiver precludes appellate review of the denial of that branch of the defendant's omnibus motion which was to suppress identification evidence (see, People v. Kemp, N.Y.2d [Dec. 2, 1999]; People v. Brathwaite, 263 A.D.2d 89 [2d Dept., Jan. 18, 2000]; People v. Allen, 267 A.D.2d 1063 [4th Dept., Dec. 30, 1999]; People v. Perez, 267 A.D.2d 335 [2d Dept., Dec. 13, 1999]; People v. Earnshaw, 262 A.D.2d 579 ). Furthermore, since the defendant was informed of the maximum sentence that could be imposed if he failed to comply with the conditions of the plea agreement, the general waiver of his right to appeal encompasses his claim that the enhanced sentence imposed by the court was excessive (see, People v. Miles, 268 A.D.2d 490 [2d Dept., Jan. 18, 2000]).
S. MILLER, J.P., KRAUSMAN, FLORIO, and H. MILLER, JJ., concur.