Opinion
June 9, 1995
Appeal from the Onondaga County Court, Burke, J.
Present — Green, J.P., Lawton, Wesley, Davis and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: The record establishes that defendant knowingly, voluntarily and intelligently waived his right to appeal as part of a negotiated plea and sentence agreement (see, People v. Callahan, 80 N.Y.2d 273, 280; People v. Moissett, 76 N.Y.2d 909; People v. Seaberg, 74 N.Y.2d 1, 11). Although that waiver does not foreclose review of the contention of defendant that he was denied effective assistance of counsel (see, People v. Rosado, 199 A.D.2d 833, 834, lv denied 83 N.Y.2d 876; People v. Ferguson, 192 A.D.2d 800, lv denied 82 N.Y.2d 717), we conclude that "the evidence, the law, and the circumstances of [the] case, viewed in totality and as of the time of the representation, reveal that [defendant's] attorney provided meaningful representation" (People v. Baldi, 54 N.Y.2d 137, 147; see, People v. Valentin, 212 A.D.2d 1052). It is well settled that "a showing that counsel failed to make a particular pretrial motion generally does not, by itself, establish ineffective assistance of counsel" (People v. Rivera, 71 N.Y.2d 705, 709; see, People v. Valentin, supra). Here, defense counsel negotiated an extremely favorable plea and sentence agreement for defendant.
Contrary to the contention of defendant, the record establishes that the court imposed the negotiated sentence.
Lastly, by entering a guilty plea, defendant waived his challenge to the sufficiency of the evidence before the Grand Jury (see, People v. Pelchat, 62 N.Y.2d 97, 108; People v Rivera, 209 A.D.2d 1037, 1038).