Opinion
2000-11045
Submitted February 26, 2003.
March 17, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered November 1, 2000, convicting him of sexual abuse in the first degree, upon his plea of guilty, and imposing sentence.
Carol Kahn, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ann Bordley of counsel; Robert Ho on the brief), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The record establishes that the defendant knowingly, intelligently, and voluntarily waived his right to appeal. Accordingly, he cannot now challenge the denial of his motion to dismiss the indictment on the ground that he was deprived of his statutory right to testify before the Grand Jury (see People v. Nesbett, 255 A.D.2d 950; People v. Chappelle, 250 A.D.2d 878; People v. Addison, 196 A.D.2d 875). In any event, by pleading guilty, the defendant waived any claim that he was denied his right to testify before the Grand Jury (see People v. Standley, 269 A.D.2d 614; People v. Lyde, 247 A.D.2d 555).
FEUERSTEIN, J.P., GOLDSTEIN, H. MILLER and RIVERA, JJ., concur.