Opinion
KA 04-00943.
March 17, 2006.
Appeal from a judgment of the Erie County Court (Shirley Troutman, J.), rendered February 5, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (PAUL B. CURTIN OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (J. MICHAEL MARION OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: Pigott, Jr., P.J., Scudder, Gorski, Martoche 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 his plea of guilty, of criminal possession of a weapon in the third degree (Penal Law § 265.02). Contrary to the contention of defendant, the record establishes that he validly waived his right to appeal ( see generally People v. Callahan, 80 NY2d 273, 280). Contrary to the further contention of defendant, that general waiver encompasses his present challenge to County Court's suppression ruling ( see People v. Kemp, 94 NY2d 831, 833).