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THE PEOPLE, etc., respondent, v. MICHAEL HOLMES, appellant. (Ind. No. 96-00431)

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant contends, inter alia, that State Troopers unlawfully stopped his car, and that everything which resulted from the improper stop (i.e., the arrest, the search, and the seizure of the controlled substance) should therefore be suppressed. However, by pleading guilty before the conclusion of the suppression hearing, the defendant forfeited his right to appellate review of these issues (see, People v. Fernandez, 67 N.Y.2d 686 ; People v. Flakes, 240 A.D.2d 428 ; People v. Ramos, 232 A.D.2d 433 ; People v. Britton, 208 A.D.2d 761 ).

The defendant's waiver of his right to appeal precludes review of his contention that he was denied the effective assistance of counsel except to the extent that this affected the voluntariness of his plea (see, People v. Wood, 207 A.D.2d 1001 ; People v. Ellett, 245 A.D.2d 952 ; People v. Conyers, 227 A.D.2d 793 ; see also, People v. Hidalgo, 91 N.Y.2d 733 ). We find that the plea was knowingly, voluntarily, and intelligently made (see, People v. Seaberg, 74 N.Y.2d 1 ; People v. Harris, 61 N.Y.2d 9 ).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

SULLIVAN, J.P., LUCIANO, H. MILLER, and FEUERSTEIN, JJ., concur.

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PEOPLE v. HOLMES
(Jan 31, 2000)