Opinion
No. KA 06-01162
March 16, 2007.
Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered January 23, 2006. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the fourth degree.
MARCEL J. LAJOY, ALBANY, FOR DEFENDANT-APPELLANT.
JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION (KATHERINE BOGAN OF COUNSEL), FOR RESPONDENT.
Present — Hurlbutt, J.P., Martoche, Smith, Fahey and Green, 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 a plea of guilty of attempted criminal possession of a controlled substance in the fourth degree (Penal Law §§ 110.00, 220.09). Contrary to the contention of defendant, his general waiver of the right to appeal encompasses his challenge to County Court's suppression ruling ( see People v Kemp, 94 NY2d 831, 833; People v Martinez-Diaz, 30 AD3d 1104, lv denied 7 NY3d 814 [2006]).