PEOPLE v. PENA (1999)

We reject the contention of defendant that his plea of guilty was not knowingly, voluntarily and intelligently entered (see, People v. Hidalgo, 91 N.Y.2d 733, 675 N.Y.S.2d 327, 698 N.E.2d 46;  People v. Moore, 71 N.Y.2d 1002, 1005-1006, 530 N.Y.S.2d 94, 525 N.E.2d 740;  People v. Nixon, 21 N.Y.2d 338, 355, 287 N.Y.S.2d 659, 234 N.E.2d 687, cert. denied sub nom. Robinson v. New York, 393 U.S. 1067, 89 S.Ct. 721, 21 L.Ed.2d 709).  Because defendant pleaded guilty before Supreme Court determined his motion to suppress, defendant forfeited his right to our review of the contentions raised in that motion (see, People v. Dunn, 218 A.D.2d 814, 631 N.Y.S.2d 255;  People v. Patterson, 194 A.D.2d 748, 749, 601 N.Y.S.2d 810, lv. denied 82 N.Y.2d 724, 602 N.Y.S.2d 822, 622 N.E.2d 323).   We conclude that the evidence, the law and the circumstances of this case, viewed in totality and as of the time of the representation, establish that defendant received meaningful representation (see, People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400).

The remaining contentions of defendant, including those raised in his pro se supplemental brief, are encompassed by his waiver of the right to appeal (see, People v Hidalgo, supra;  People v. Callahan, 80 N.Y.2d 273, 590 N.Y.S.2d 46, 604 N.E.2d 108).

Judgment unanimously affirmed.

MEMORANDUM: