Opinion
July 14, 1995
Appeal from the Erie County Court, McCarthy, J.
Present — Denman, P.J., Pine, Callahan, Doerr and Balio, JJ.
Judgment unanimously affirmed. Memorandum: The record establishes that defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Callahan, 80 N.Y.2d 273; People v. Moissett, 76 N.Y.2d 909; People v. Austin, 212 A.D.2d 1061). That waiver encompassed defendant's contentions that evidence procured pursuant to the warrant should have been suppressed because the informant was not placed under oath and that defendant was entitled to a Franks hearing (see, Franks v. Delaware, 438 U.S. 154). In any event, those contentions are without merit.