Opinion
1999-01710
Submitted November 8, 2001
December 3, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McDonald, J.), rendered January 26, 1999, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Adrienne M. Gantt of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Noreen Healey, and Lourdes M. Ventura of counsel), for respondent.
Before: WILLIAM D. FRIEDMANN, J.P., NANCY E. SMITH, THOMAS A. ADAMS, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant entered into a plea agreement pursuant to which he knowingly, intelligently, and voluntarily waived his right to appeal his conviction and withdrew all motions. Accordingly, the plea agreement effectively foreclosed appellate review of his claim regarding the suppression of physical evidence (see, People v. Hidalgo, 91 N.Y.2d 733; People v. Allen, 82 N.Y.2d 761; People v. Callahan, 80 N.Y.2d 273; People v. Seaberg, 74 N.Y.2d 1, 10; People v. Scott, 286 A.D.2d 352; People v. Celardo, 198 A.D.2d 428; People v. Fields, 196 A.D.2d 550).
FRIEDMANN, J.P., SMITH, ADAMS and COZIER, JJ., concur.