PEOPLE v. PENA

Ordered that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal ( see People v Ramos, 7 NY3d 737; People v Lopez, 6 NY3d 248; People v Seaberg, 74 NY2d 1, 11). The defendant's valid waiver of his right to appeal forecloses appellate review of his challenge to the Supreme Court's suppression determination ( see People v Kemp, 94 NY2d 831, 833; People v Rossetti, 55 AD3d 637, 638; People v DeAngelo, 40 AD3d 656; People v Munford, 37 AD3d 855; People v Smith, 35 AD3d 769; People v Peoples, 34 AD3d 503; People v Campbell, 24 AD3d 463). Moreover, under the totality of the circumstances presented in this record, we cannot say that the defendant was deprived of the effective assistance of counsel ( see People v Baldi, 54 NY2d 137, 147).