| People v Morgan |
| 2007 NY Slip Op 07726 [44 AD3d 797] |
| October 9, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Walter Morgan, Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.),rendered January 17, 2006, convicting him of burglary in the second degree, upon his plea ofguilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant voluntarily, knowingly, and intelligently waived his right to appeal (see People v Ramos, 7 NY3d 737,738 [2006]; People v Lopez, 6NY3d 248, 256 [2006]; People v Seaberg, 74 NY2d 1, 10 [1989]). The defendant'svalid waiver of his right to appeal forecloses appellate review of his challenges to the CountyCourt's suppression determinations (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Higgs, 37 AD3d 736[2007], lv denied 9 NY3d 845 [2007]), as well as his claim that the sentence imposed isexcessive (see People v Lopez, 6 NY3d at 256; People v Hidalgo, 91 NY2d 733,737 [1998]). Rivera, J.P., Covello, Balkin and McCarthy, JJ., concur.