Opinion
No. KA 07-00147.
March 14, 2008.
Appeal from a judgment of the Oswego County Court (Walter W. Hafner, Jr., J.), rendered October 17, 2006. The judgment convicted defendant, upon his plea of guilty, of burglary in the first degree, robbery in the third degree and attempted assault in the second degree.
MITCHELL LAW OFFICE, OSWEGO (RICHARD C. MITCHELL, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.
Present: Smith, J.P., Centra, Fahey, Peradotto and Green, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, burglary in the first degree (Penal Law § 140.30). Contrary to the contention of defendant, his "responses to County Court's questions unequivocally established that [he] understood the proceedings and was voluntarily waiving the right to appeal" ( People v Gilbert, 17 AD3d 1164, 1164, lv denied 5 NY3d 762). The waiver by defendant of the right to appeal encompasses his challenge to the court's suppression ruling ( see People v Kemp, 94 NY2d 831, 833; People v Gordon, 42 AD3d 964, lv denied 9 NY3d 876) and, by pleading guilty, defendant forfeited his contention that the court erred in denying his severance motion ( see People v Lynch, 13 AD3d 1142, lv denied 4 NY3d 800; People v Smith, 290 AD2d 464, lv denied 98 NY2d 702). Finally, to the extent that the contention of defendant that he was denied effective assistance of counsel survives his guilty plea and waiver of the right to appeal ( see People v Eastman, 45 AD3d 1411; People v Santos, 37 AD3d 1141, lv denied 8 NY3d 950), we conclude that it is lacking in merit ( see generally People v Ford, 86 NY2d 397, 404).