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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT AIKEN, Appellant.

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 felony driving while intoxicated (Vehicle and Traffic Law § 1192; § 1193 [1] [c] [former (i)]). The record establishes that defendant knowingly, intelligently, and voluntarily waived his right to appeal ( see People v Lopez, 6 NY3d 248, 256), and that valid waiver encompasses his challenge to County Court's suppression ruling ( see People v Kemp, 94 NY2d 831, 833).

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PEOPLE v. ROBERT AIKEN
(May 7, 2010)