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People v. Stewart

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 2006
35 A.D.3d 1168 (N.Y. App. Div. 2006)

Opinion

No. KA 05-00683.

December 22, 2006.

Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered January 26, 2005. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (TIMOTHY P. MURPHY OF COUNSEL), FOR DEFENDANT-APPELLANT.

FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (SUSAN C. MINISTERO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Before: Present — Hurlbutt, J.P., Smith, Centra and Pine, JJ.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the third degree (Penal Law § 220.16). Contrary to the contention of defendant, his valid waiver of the right to appeal encompasses his challenges to County Court's suppression rulings ( see People v Kemp, 94 NY2d 831, 833; People v Rosado, 26 AD3d 891, 892, lv denied 6 NY3d 838), as well as his challenge to the severity of the sentence ( see People v Lopez, 6 NY3d 248, 255).


Summaries of

People v. Stewart

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 2006
35 A.D.3d 1168 (N.Y. App. Div. 2006)
Case details for

People v. Stewart

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONNIE STEWART…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 22, 2006

Citations

35 A.D.3d 1168 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 9749
825 N.Y.S.2d 404

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