PEOPLE v. McCLANE

ORDERED that the judgments are affirmed.

The defendant entered into a plea agreement pursuant to which he knowingly, intelligently, and voluntarily waived his right to appeal both judgments. The defendant's waiver of his right to appeal forecloses appellate review of his challenge to the denial of his motion to suppress physical evidence ( see People v. Kemp, 94 N.Y.2d 831; People v. Malik, A.D.3d [2d Dept, Apr. 5, 2004]). Similarly, the defendant's waiver of his right to appeal forecloses his claim that his sentence was excessive ( see People v. Hidalgo, 91 N.Y.2d 733; People v. Barnes, 306 A.D.2d 537, lv denied 1 N.Y.3d 568).

RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.