Opinion
2011-11-18
The PEOPLE of the State of New York, Respondent,v.Damone D. BELL, Defendant–Appellant.
Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered July 16, 2008. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree and attempted criminal possession of a weapon in the second degree.Alan Birnholz, East Amherst, for defendant-appellant.Frank A. Sedita, III, District Attorney, Buffalo (Donna A. Milling of Counsel), for respondent.MEMORANDUM:
Defendant appeals from a judgment convicting him, upon his guilty plea, of criminal possession of a controlled substance in the third degree (Penal Law § 220.16[1] ) and attempted criminal possession of a weapon in the second degree (§§ 110.00, 265.03[3] ). Contrary to defendant's contention, his “ ‘waiver [of the right to appeal] is not invalid on the ground that [County Court] did not specifically inform [him] that his general waiver of the right to appeal encompassed the court's suppression rulings' ” ( People v. Graham, 77 A.D.3d 1439, 1439, 908 N.Y.S.2d 490, lv. denied 15 N.Y.3d 920, 913 N.Y.S.2d 647, 939 N.E.2d 813). Thus, defendant's contention that the court erred in refusing to suppress contraband found on his person and in the vehicle in which he was a passenger is encompassed by his valid waiver of the right to appeal ( see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
PERADOTTO, J.P., CARNI, LINDLEY, SCONIERS, and GREEN, JJ., concur.