Opinion
November 30, 2000.
Judgment, Supreme Court, New York County (Mary McGowan Davis, J.), rendered December 21, 1998, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 8 years to life, unanimously affirmed.
Theresa A. Foudy, for respondent.
Allen Fallek, for defendant-appellant.
Before: Williams, J.P., Tom, Mazzarelli, Rubin, Saxe, JJ.
The record, viewed as a whole, establishes that defendant's waiver of his right to appeal encompassed all aspects of the case, including the suppression ruling (see, People v. Kemp, 94 N.Y.2d 831; People v. Allen, 82 N.Y.2d 761). Accordingly, defendant's challenge to the suppression hearing ruling is foreclosed. In any event, defendant's suppression motion was properly denied.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.