Opinion
03-29-2017
The PEOPLE, etc., respondent, v. Derven THOMPSON, appellant.
John Brian Macreery, Katonah, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Virginia A. Marciano and Laurie Sapakoff of counsel), for respondent.
John Brian Macreery, Katonah, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Virginia A. Marciano and Laurie Sapakoff of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Warhit, J.), rendered August 12, 2015, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's waiver of his right to appeal was valid (see People v. Bryant, 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 ; People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ), and, under the circumstances of this case, encompasses his claim that the enhanced sentence was excessive (see People v. Perez, 140 A.D.3d 799, 30 N.Y.S.3d 918 ; People v. Arrington, 94 A.D.3d 903, 941 N.Y.S.2d 877 ). The defendant's general waiver of his right to appeal also precludes his challenge to the County Court's adverse suppression ruling (see People v. Sanders, 25 N.Y.3d at 342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 ).
DILLON, J.P., ROMAN, HINDS–RADIX and DUFFY, JJ., concur.