Opinion
No. KA 06-01409.
December 21, 2007.
Appeal from a judgment of the Oneida County Court (Michael L. Dwyer, J.), rendered October 25, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree.
FRANK J. NEBUSH, JR., PUBLIC DEFENDER, UTICA (ROBERT R. REITTINGER OF COUNSEL), FOR DEFENDANT-APPELLANT.
SCOTT D. MC NAMARA, DISTRICT ATTORNEY, UTICA (STEVEN G. COX OF COUNSEL), FOR RESPONDENT.
Present: Scudder, P.J., Gorski, Lunn, Fahey and Peradotto, 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 controlled substance in the third degree (Penal Law § 220.16). Contrary to the contention of defendant, the record establishes that he voluntarily, knowingly, and intelligently waived his right to appeal ( see People v Lopez, 6 NY3d 248, 256; People v Kemp, 94 NY2d 831, 833). That valid waiver encompasses defendant's challenge to County Court's suppression ruling ( see Kemp, 94 NY2d at 833; People v Conway, 43 AD3d 635; People v Gordon, 42 AD3d 964, lv denied 9 NY3d 876).