Opinion
November 21, 1994
Appeal from the Supreme Court, Kings County (Barasch, J.).
Ordered that the judgment is affirmed.
The defendant knowingly, intelligently, and voluntarily waived his right to appeal at the time that he entered his plea of guilty (see, People v. Seaberg, 74 N.Y.2d 1; cf., People v. Bray, 154 A.D.2d 692). Thus, we will not review the court's denial of that branch of the defendant's omnibus motion which was to suppress identification testimony.
The sentencing court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his plea of guilty on the basis that it was not voluntarily made (see, People v. Kelly, 159 A.D.2d 227; see generally, People v Frederick, 45 N.Y.2d 520). Ritter, J.P., Santucci, Friedmann and Goldstein, JJ., concur.