Opinion
May 22, 1995
Appeal from the Supreme Court, Queens County (Blumenfeld, J.).
Ordered that the judgment and order are affirmed.
The record demonstrates that the defendant voluntarily and intelligently waived his right to appeal as part of his plea agreement. Accordingly, he cannot challenge the propriety of the hearing court's denial of his suppression motion (see, People v Callahan, 80 N.Y.2d 273; People v Seaberg, 74 N.Y.2d 1; People v Meyers, 204 A.D.2d 492; People v Butler, 198 A.D.2d 427; People v Carter, 191 A.D.2d 640). Contrary to the defendant's contentions, the court permissibly exercised its discretion in denying his motion to withdraw his guilty plea (see, People v Tinsley, 35 N.Y.2d 926; People v Gomez, 205 A.D.2d 799; People v Jaworowski, 201 A.D.2d 504; see also, People v Fiumefreddo, 82 N.Y.2d 536; People v Harris, 61 N.Y.2d 9; People v Meyers, supra; People v De Jesus, 199 A.D.2d 529). The defendant's remaining arguments, to the extent that they have not been waived, are without merit.
The court properly denied the defendant's motion to vacate the judgment pursuant to CPL 440.10 (see, People v Whitted, 187 A.D.2d 688; People v Connolly, 181 A.D.2d 739). Balletta, J.P., O'Brien, Thompson and Hart, JJ., concur.