Opinion
Submitted September 5, 2000.
October 16, 2000.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered September 9, 1997, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.
Del Atwell, Montauk, N.Y., for appellant.
James M. Catterson, Jr., District Attorney, Riverhead, N Y (Michael A. Gajdos of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The record demonstrates that the defendant knowingly, intelligently, and voluntarily waived, without limitation, the right to appeal his conviction and sentence (see, People v. Moissett, 76 N.Y.2d 909; People v. Seaberg, 74 N.Y.2d 1). This valid waiver precludes appellate review of the denial of those branches of his omnibus motion which were to suppress identification testimony, physical evidence, and a written statement he gave to law enforcement officers (see, People v. Kemp, 94 N.Y.2d 831; People v. Monk, 270 A.D.2d 433; People v. Brathwaite, 263 A.D.2d 89). Furthermore, since the defendant was informed of the maximum sentence which would be imposed pursuant to the plea agreement, his general waiver of his right to appeal encompasses his claim that the agreed-upon sentence, which was, in fact, imposed, was excessive (see, People v. Lococo, 92 N.Y.2d 825; People v. Brathwaite, supra).