Opinion
KA 04-02816.
June 9, 2006.
Appeal from a judgment of the Supreme Court, Erie County (Ronald H. Tills, A.J.), rendered October 20, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (MICHAEL C. WALSH OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (TINA M. STANFORD OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present: Gorski, J.P., Martoche, Green, Pine and Hayes, JJ.
Memorandum:
On appeal from a judgment convicting him, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06), defendant contends that he did not validly waive his right to appeal. We reject that contention ( see generally People v. Callahan, 80 NY2d 273, 280). Contrary to the further contention of defendant, his general waiver of the right to appeal encompasses his present challenge to Supreme Court's suppression ruling ( see People v. Kemp, 94 NY2d 831, 833; People v. King, 27 AD3d 1160 [2006]).