Opinion
KA 01-01270
December 30, 2002.
Appeal from a judgment of Cayuga County Court (Corning, J.), entered October 10, 2000, convicting defendant upon his plea of guilty of criminal possession of a weapon in the third degree.
DAVID P. ELKOVITCH, AUBURN, FOR DEFENDANT-APPELLANT.
JAMES B. VARGASON, DISTRICT ATTORNEY, AUBURN (CHARLES M. THOMAS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: HAYES, J.P., HURLBUTT, KEHOE, BURNS, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment of County Court convicting him, upon his plea of guilty, of criminal possession of a weapon in the third degree (Penal Law § 265.02 [former (4)]). Upon our review of the record, we conclude that the waiver by defendant of his right to appeal, which is valid and all-encompassing on its face ( see People v. Luke, 281 A.D.2d 947, lv denied 96 N.Y.2d 864, cert denied ___ U.S. ___, 112 S.Ct. 556), bars consideration of the contention that defendant now raises with respect to suppression issues ( see People v. Kemp, 94 N.Y.2d 831, 833; see also People v. Seaberg, 74 N.Y.2d 1, 7-11). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see CPL 470.15 [a]).