Appeal from a judgment of the County Court of Rensselaer County (McGrath, J.), rendered October 19, 2001, convicting defendant upon her plea of guilty of the crimes of forgery in the second degree and driving while intoxicated.
Initially, even though not precluded by her waiver of the right to appeal, defendant’s challenge to the voluntariness of her guilty plea is not preserved for our review because she failed to move to withdraw the plea or vacate the judgment of conviction (see People v Whitesell,
Additionally, we disagree with defendant’s argument that her attorney’s failure to make a suppression motion deprived her of the effective assistance of counsel. To the extent that such a claim impacts the voluntariness of a plea, it will survive a waiver of the right to appeal provided it is preserved by a motion to withdraw the plea or vacate the judgment (see People v Clifford,
Finally, defendant’s waiver of the right to appeal also precludes her challenge to the severity of the sentence (see People v Hidalgo,
Mercure, Carpinello, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed.
