People v. Rodriguez, 111 A.D.3d 1310

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 burglary in the first degree (Penal Law § 140.30 [2]) and robbery in the second degree (§ 160.10 [1]). Contrary to defendant‘s contention, we conclude that he knowingly, intelligently and voluntarily waived his right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]; People v Kemp, 94 NY2d 831, 833 [1999]). The challenge by defendant to County Court‘s suppression ruling is encompassed by that valid waiver of the right to appeal (see Kemp, 94 NY2d at 833; People v Goossens, 92 AD3d 1282, 1283 [2012], lv denied 19 NY3d 960 [2012]). Present—Smith, J.P., Peradotto, Carni, Valentino and Whalen, JJ.

Case Details

Case Name: People v. Rodriguez

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Nov 8, 2013

Citations: 111 A.D.3d 1310; 974 N.Y.S.2d 829

Court Abbreviation: N.Y. App. Div.