Opinion
2739.
Decided January 27, 2004.
Judgment, Supreme Court, Bronx County (Martin Marcus, J. at hearing; Troy Webber, J. at plea and sentence), rendered September 10, 2002, convicting defendant of robbery in the first degree, and sentencing him to a term of 5 years, unanimously affirmed.
Jonathan Zucker, for Respondent.
Steven R. Berko, for Defendant-Appellant.
Before: Tom, J.P., Andrias, Lerner, Friedman, Marlow, JJ.
Defendant's valid waiver of his right to appeal encompassed the hearing court's suppression ruling ( see People v. Kemp, 94 N.Y.2d 831) . Accordingly, review of that issue is foreclosed. In any event, were we to find that the waiver did not foreclose review, we would reject defendant's suppression claims.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.