PEOPLE v. ANDERSON

ORDERED that the appeal from the judgment is dismissed as the judgment was superseded by the amended judgment; and it is further,

ORDERED that the amended judgment is affirmed.

The defendant's plea was knowingly, voluntarily, and intelligently made (see, People v. Harris, 61 N.Y.2d 9, 17; People v. Brown, 279 A.D.2d 634). The Supreme Court providently exercised its discretion in denying the defendant's motion to withdraw his plea without conducting a hearing or assigning new counsel (see, People v. Caple, 279 A.D.2d 635, lv denied N Y2d [Apr. 16, 2001]; People v. Rodriguez, 270 A.D.2d 434; People v. Sosa, 258 A.D.2d 312; People v. Smith, 249 A.D.2d 426).

The defendant waived his right to challenge the denial of his suppression motion when he waived his right to appeal (see, People v. Kemp, 94 N.Y.2d 831; People v. Ross, 276 A.D.2d 649; People v. Brathwaite, 263 A.D.2d 89).

The defendant's remaining contention is unpreserved for appellate review (see, CPL 470.05), and, in any event, without merit (see, People v. Ward, 260 A.D.2d 585).

RITTER, J.P., FLORIO, H. MILLER and CRANE, JJ., concur.