Opinion
March 22, 1993
Appeal from the County Court, Westchester County (Nicolai, J.).
Ordered that the judgment is affirmed.
The record clearly establishes that the defendant voluntarily and intelligently waived his right to appeal and withdrew all prior motions, both pending and decided, as part of his plea agreement. Accordingly, he cannot now challenge the propriety of the hearing court's denial of his motion to suppress physical evidence (see, People v. Callahan, 80 N.Y.2d 273; People v Seaberg, 74 N.Y.2d 1; People v. Williams, 36 N.Y.2d 829, cert denied 423 U.S. 873; People v. Gaglio, 171 A.D.2d 754; People v Mangham, 167 A.D.2d 487). The defendant's motion to withdraw his guilty plea does not alter this conclusion, inasmuch as his plea was legally adequate (see, People v. Harris, 61 N.Y.2d 9) and he unequivocally admitted his guilt and expressed his satisfaction with his counsel during the proceedings. Hence, his subsequent conclusory and unsubstantiated claim of ineffective assistance of counsel and his generalized assertion of innocence were patently inadequate to warrant withdrawal of the plea (see, e.g., People v. Stephens, 175 A.D.2d 272; People v. McKinnon, 173 A.D.2d 863; People v. Williams, 156 A.D.2d 497). Mangano, P.J., Sullivan, Balletta and O'Brien, JJ., concur.