Opinion
May 18, 1998
Appeal from the County Court, Dutchess County (Dolan, J.).
Ordered that the judgment is affirmed.
Since the defendant knowingly, voluntarily, and intelligently waived his right to appeal the denial of his suppression motion, there are no reviewable issues presented with regard to that denial ( see, People v. Callahan, 80 N.Y.2d 273, 285). The defendant's claim of ineffective assistance of trial counsel rests upon matters outside the record and is not amenable to appellate review on the appeal from the conviction ( see, People v. Lebrun, 234 A.D.2d 392; People v. Simon, 196 A.D.2d 851).
Miller, J.P., Ritter, Sullivan and Pizzuto, JJ., concur.