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PEOPLE v. WASHINGTON

Appellate Division of the Supreme Court of New York, Fourth Department.
Jul 3, 2008
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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 murder in the first degree (Penal Law ยง 125.27 [a] [vii]; [b]). Contrary to the contention of defendant, his waiver of the right to appeal was voluntarily, knowingly, and intelligently entered ( see People v Lopez, 6 NY3d 248, 256; People v Cox, 39 AD3d 1181; People v Gilbert, 17 AD3d 1164, lv denied 5 NY3d 762). That valid waiver encompasses the challenge by defendant to Supreme Court's suppression ruling ( see People v Kemp, 94 NY2d 831, 833; People v Dean, 48 AD3d 1244; People v Boose, 38 AD3d 1259), as well as his challenge to the severity of the bargained-for sentence ( see People v Hidalgo, 91 NY2d 733, 737).