Opinion
KA 03-01978.
November 19, 2004.
Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered August 25, 2003. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree.
Before: Pine, J.P., Hurlbutt, Scudder, Martoche and Lawton, 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 assault in the second degree (Penal Law § 120.05). Contrary to the contention of defendant, his waiver of the right to appeal was knowing, voluntary and intelligent and was "intended comprehensively to cover all aspects of the case" ( People v. Muniz, 91 NY2d 570, 575). That waiver encompasses the further contention of defendant that County Court erred in denying his motion seeking to suppress his written statement ( see People v. Kemp, 94 NY2d 831, 833).