Opinion
February 23, 1995
Appeal from the County Court of Rensselaer County (Keegan, J.).
A review of the record discloses that defendant's negotiated guilty plea was not, as he asserts, the product of duress or coercion, but rather was knowingly, voluntarily and intelligently made, and that County Court did not abuse its discretion by refusing to permit him to withdraw the plea (see, People v Torres, 176 A.D.2d 417; People v. Hayes, 169 A.D.2d 999, 1000, lv denied 78 N.Y.2d 955). By pleading guilty, defendant, except as hereafter noted, forfeited the right to challenge his conviction on the various grounds he advances on appeal (see, People v Gerber, 182 A.D.2d 252, 259-261, lv denied 80 N.Y.2d 1026).
Moreover, at the time of his plea, defendant expressly withdrew all pretrial motions that had been made or could have been made on his behalf (see, People v. Andrews, 146 A.D.2d 787, 787-788) and gave up his right to any and all further appeals or other proceedings in this matter. As a result of this broad and explicit waiver (see, People v. Allen, 82 N.Y.2d 761, 763), which we also find to have been voluntarily, knowingly and intelligently made (see, People v. Seaberg, 74 N.Y.2d 1, 11), defendant has relinquished his right to appellate review of County Court's denial of his suppression motion (see, People v Williams, 36 N.Y.2d 829, 830, cert denied 423 U.S. 873; People v Torres, supra, at 417; People v. Hayes, supra, at 1000).
There is merit, however, in defendant's final contention, that County Court erred in denying him the right to a hearing when he contested the constitutionality of a predicate felony conviction (see, CPL 400.21, [7] [b]). Having specified the particular basis for his claim (see, People v. West, 181 A.D.2d 945; People v. Frett, 79 A.D.2d 991), and requested a transcript of the relevant portion of the previous proceeding, defendant was entitled to a hearing (see, People v. Sutliff, 176 A.D.2d 1033, 1034; People v. Allen, 135 A.D.2d 1034, 1035). Of course, should it be determined that defendant may not be sentenced as a predicate felon, the People would be entitled to move to vacate the plea (see, People v. Corey, 88 A.D.2d 560).
Finally, inasmuch as defendant's claims of error with respect to the conviction have been rejected, and the only matter remaining unresolved is the propriety of the sentence imposed, the order staying execution of the judgment and fixing bail pending appeal will be terminated, and the matter remitted to County Court pursuant to CPL 460.50 (5).
Cardona, P.J., Mikoll, White and Casey, JJ., concur. Ordered that the judgment is modified, on the law, by vacating the sentence; matter remitted to the County Court of Rensselaer County for further proceedings pursuant to CPL 400.21 and 460.50 Crim. Proc. (5); and, as so modified, affirmed.