Opinion
127 KA 15-00126.
02-11-2016
The PEOPLE of the State of New York, Respondent, v. Raymond M. BURLEY, Defendant–Appellant.
Kathleen E. Casey, Barker, for Defendant–Appellant. Raymond M. Burley, Defendant–Appellant Pro Se. Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of Counsel), for Respondent.
Kathleen E. Casey, Barker, for Defendant–Appellant.
Raymond M. Burley, Defendant–Appellant Pro Se.
Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of Counsel), for Respondent.
Opinion
MEMORANDUM:
Defendant appeals from a judgment convicting him, upon his plea of guilty, of unlawful manufacture of methamphetamine in the third degree (Penal Law § 220.731 ). We reject defendant's contention that his waiver of the right to appeal is invalid. It is well settled that “ ‘[n]o particular litany is required for an effective waiver of the right to appeal’ ” (People v. Fisher, 94 A.D.3d 1435, 1435, 942 N.Y.S.2d 837, lv. denied 19 N.Y.3d 973, 950 N.Y.S.2d 356, 973 N.E.2d 766; see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754). Here, “[t]he record establishes that defendant's waiver of the right to appeal was knowing, voluntary and intelligent and that it was ‘intended comprehensively to cover all aspects of the case’ ” (Fisher, 94 A.D.3d at 1435, 942 N.Y.S.2d 837). Defendant's valid waiver of the right to appeal encompasses his challenge to County Court's suppression ruling (see Kemp, 94 N.Y.2d at 833, 703 N.Y.S.2d 59, 724 N.E.2d 754; People v. McNew, 117 A.D.3d 1491, 1492, 984 N.Y.S.2d 529, lv. denied 24 N.Y.3d 1003, 997 N.Y.S.2d 122, 21 N.E.3d 574).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
WHALEN, P.J., PERADOTTO, CARNI, LINDLEY, and DeJOSEPH, JJ., concur.