Defendant raises various issues relating to the rule that burglary of a store located in an apartment building constitutes burglary of a "dwelling" ( see Penal Law § 140.00, [3]; § 140.25; People v. Rohena, 186 AD2d 509, lv denied 81 NY2d 794). Defendant made a valid waiver of his right to appeal, which forecloses review of his present claims, including his constitutional arguments ( see People v. Muniz, 91 NY2d 570, 575). Moreover, even without an appeal waiver, defendant's guilty plea also forecloses these claims ( see People v. Taylor, 65 NY2d 1). In any event, were we to find that these claims are not foreclosed, we would find them to be without merit.