Opinion
KA 00-02953.
Decided April 30, 2004.
Appeal from a judgment of the Supreme Court, Monroe County (Donald J. Mark, J.), rendered November 14, 2000. The judgment convicted defendant, upon his plea of guilty, of manslaughter in the first degree.
FREDERICK P. LESTER, ROCHESTER, FOR DEFENDANT-APPELLANT.
MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: GREEN, J.P., WISNER, HURLBUTT, KEHOE, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of manslaughter in the first degree (Penal Law § 125.20), defendant contends that Supreme Court erred in denying his suppression motion. That contention, however, is encompassed by defendant's waiver of the right to appeal ( see People v. Kemp, 94 N.Y.2d 831, 833), as is the contention of defendant concerning the alleged violation of his constitutional double jeopardy rights ( see People v. Muniz, 91 N.Y.2d 570, 575; cf. People v. Bastian, 6 A.D.3d 1188 [Apr. 30, 2004]). In any event, those contentions both lack merit ( see People v. Dombrowski-Bove, 300 A.D.2d 1122, 1124; People v. Magee, 254 A.D.2d 825, 826, lv denied 92 N.Y.2d 1035; People v. Robertson, 217 A.D.2d 989, 990, lv denied 86 N.Y.2d 846).