Opinion
Submitted May 29, 2001.
June 25, 2001.
Appeal by the defendant from (1) a judgment of the Supreme Court, Westchester County (West, J.), rendered May 26, 1999, and (2) an amended judgment of the same court rendered January 12, 2000, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.
Neal D. Futerfas, White Plains, N.Y., for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Lana B. Hochheiser and Valerie A. Livingston of counsel), for respondent.
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, HOWARD MILLER, STEPHEN G. CRANE, JJ.
ORDERED that the appeal from the judgment is dismissed as the judgment was superseded by the amended judgment; and it is further,
ORDERED that the amended judgment is affirmed.
The defendant's plea was knowingly, voluntarily, and intelligently made (see, People v. Harris, 61 N.Y.2d 9, 17; People v. Brown, 279 A.D.2d 634). The Supreme Court providently exercised its discretion in denying the defendant's motion to withdraw his plea without conducting a hearing or assigning new counsel (see, People v. Caple, 279 A.D.2d 635, lv denied N Y2d [Apr. 16, 2001]; People v. Rodriguez, 270 A.D.2d 434; People v. Sosa, 258 A.D.2d 312; People v. Smith, 249 A.D.2d 426).
The defendant waived his right to challenge the denial of his suppression motion when he waived his right to appeal (see, People v. Kemp, 94 N.Y.2d 831; People v. Ross, 276 A.D.2d 649; People v. Brathwaite, 263 A.D.2d 89).
The defendant's remaining contention is unpreserved for appellate review (see, CPL 470.05), and, in any event, without merit (see, People v. Ward, 260 A.D.2d 585).
RITTER, J.P., FLORIO, H. MILLER and CRANE, JJ., concur.