Appeal from a judgment of the County Court of Rensselaer County (McGrath, J.), rendered September 9, 1999, convicting defendant upon his plea of guilty of the crime of sexual abuse in the first degree.
In satisfaction of all possible charges arising out of his sexual
To the extent that defendant’s ineffective assistance of counsel claim impacted the voluntariness of his plea, the claim survived his waiver of the right to appeal. Such claim, however, ordinarily must be preserved by a motion to withdraw the plea or vacate the judgment (see, People v Johnson,
The sole basis for the ineffective assistance of counsel claim is the absence of a motion to suppress defendant’s statements. The transcript of the plea allocution demonstrates, however, that after County Court carefully explained to defendant his right to seek suppression of the statements, defendant acknowledged that he would be giving up that right as a result of his guilty plea. Accordingly, defense counsel’s failure to move to suppress the statements clearly had no impact upon the knowing and voluntary nature of defendant’s plea.
In any event, defense counsel’s decision not to request a suppression hearing does not, standing alone, demonstrate ineffective assistance of counsel (see, People v Longshore,
Defendant’s remaining claim regarding the severity of the sentence was encompassed by his waiver of the right to appeal (see, People v Hidalgo,
