Opinion
2002-02565.
Decided April 5, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McKay, J.), rendered March 11, 2002, convicting him of grand larceny in the second degree and burglary in the third degree, upon his plea of guilty, and imposing sentence.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Donna Aldea, and Michael Whitney of counsel), for respondent.
Laura R. Johnson, New York, N.Y. (Edlyn L. Willer of counsel), for appellant.
Before: MYRIAM J. ALTMAN, J.P., HOWARD MILLER, BARRY A. COZIER, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, his waiver of his right to appeal was voluntary, knowing, and intelligent, and encompassed the denial of those branches of his motion which were to suppress identification testimony and physical evidence ( see People v. Kemp, 94 N.Y.2d 831; People v. Miller, 306 A.D.2d 294; People v. Hussain, 309 A.D.2d 818, lv denied 1 N.Y.3d 598).
ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.