People v. Burley

Feb 11, 2016
Versions:136 A.D.3d 1404
24 N.Y.S.3d 573

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of unlawful manufacture of methamphetamine in the third degree (Penal Law § 220.73 [1]). We reject defendant‘s contention that his waiver of the right to appeal is invalid. It is well settled that “[n]o particular litany is required for an effective waiver of the right to appeal” (People v Fisher, 94 AD3d 1435, 1435 [2012], lv denied 19 NY3d 973 [2012]; see People v Kemp, 94 NY2d 831, 833 [1999]). Here, “[t]he record establishes that defendant‘s waiver of the right to appeal was knowing, voluntary and intelligent and that it was ‘intended comprehensively to cover all aspects of the case’ ” (Fisher, 94 AD3d at 1435). Defendant‘s valid waiver of the right to appeal encompasses his challenge to County Court‘s suppression ruling (see Kemp, 94 NY2d at 833; People v McNew, 117 AD3d 1491, 1492 [2014], lv denied 24 NY3d 1003 [2014]).