Opinion
Submitted June 18, 2001.
August 6, 2001.
Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered January 12, 1999, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
Gary Mitchel Gash, White Plains, N.Y., for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Matthew E. B. Brotmann and Lois C. Valerio of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GLORIA GOLDSTEIN, ANITA R. FLORIO, STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed.
The defendant entered into a plea agreement pursuant to which he knowingly, intelligently, and voluntarily waived his right to appeal his conviction and withdrew all motions. Accordingly, the plea agreement effectively foreclosed appellate review of his claim regarding the suppression of physical evidence (see, People v. Kemp, 94 N.Y.2d 831; People v. Callahan, 80 N.Y.2d 273, 285; People v. Seaberg, 74 N.Y.2d 1).
SANTUCCI, J.P., GOLDSTEIN, FLORIO and CRANE, JJ., concur.