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PEOPLE v. ROBERT AIKEN

Appellate Division of the Supreme Court of New York, Fourth Department.
May 7, 2010

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).