PEOPLE v. KIRBY

Ordered that the judgment is affirmed.

The record clearly demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal as part of a negotiated plea agreement (see, People v. Callahan, 80 N.Y.2d 273; People v. Seaberg, 74 N.Y.2d 1). The waiver specifically included "all pre-trial motions and determinations of hearings". Consequently, the defendant cannot challenge the hearing court's denial of those branches of his omnibus motion which were to suppress a statement made by him and identification testimony (see, People v. Carter, 191 A.D.2d 640). Accordingly, we enforce the defendant's waiver of his right to appeal and affirm the judgment. Sullivan, J.P., O'Brien, Altman and Goldstein, JJ., concur.