Appeal from a judgment of the Supreme Court, Monroe County (David D. Egan, J.), rendered February 19, 2010. The judgment convicted defendant, upon his plea of guilty, of sexual abuse in the first degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of sexual abuse in the first degree (Penal Law § 130.65 [3]), defendant contends that his waiver of the right to appeal is unenforceable and that Supreme Court erred in denying his motion to suppress identification testimony from the child victim. We conclude that the waiver of the right to appeal is enforceable and that it therefore precludes defendant from challenging the court’s suppression ruling. “A waiver of the right to appeal is effective only so long as the record demonstrates that it was made knowingly, intelligently and voluntarily” (People v Lopez, 6 NY3d 248, 256 [2006]). Here, the court “engage [d] the defendant in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and
We note in any event that the court properly denied defendant’s suppression motion pursuant to People v Gee (286 AD2d 62, 72-73 [2001], affd 99 NY2d 158 [2002], rearg denied 99 NY2d 652 [2003]).