Majority
—Judgment unanimously affirmed. Memorandum: The record demonstrates that defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Saunders, 190 AD2d 1092 , lv denied 81 NY2d 1019 ). Moreover, defendant specifically waived his right to appeal the denial of his suppression motion (see, People v Williams, 36 NY2d 829 , 830, cert denied 423 US 873 ). Finally, the contention that defendant was denied effective assistance of counsel at the Massiah hearing (see, Massiah v United States, 377 US 201 ) is without merit (see, People v Rivera, 71 NY2d 705 , 708-709; People v Baldi, 54 NY2d 137 , 146-147). (Appeal from Judgment of Oswego County Court, Auser, J.—Murder, 2nd Degree.) Present— Green, J. P., Fallon, Wesley, Doerr and Boehm, JJ.
Cases cited
- People v. Williams 36 NY2d 829 at 830 p. 1012
- Massiah v. United States 377 US 201 p. 1012
- People v. Rivera 71 NY2d 705 at 708-709 p. 1012
- People v. Baldi 54 NY2d 137 at 146-147 p. 1012