Opinion
December 30, 1999
Appeal from Judgment of Erie County Court, DiTullio, J. — Attempted Robbery, 1st Degree.
Judgment unanimously affirmed.
PRESENT: LAWTON, J. P., HAYES, WISNER, HURLBUTT AND BALIO, JJ.
Memorandum:
The record establishes that defendant knowingly, intelligently and voluntarily waived his right to appeal ( see, People v. Moissett, 76 N.Y.2d 909; People v. Saunders, 190 A.D.2d 1092, 1093, lv denied 81 N.Y.2d 1019). That waiver precludes our review of the denial of the motion of defendant to suppress his pretrial identification ( see, People v. Kemp, 94 N.Y.2d 831 [decided Dec. 2, 1999]; People v. Vaccaro, 206 A.D.2d 952, 953, lv denied 84 N.Y.2d 940).