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PEOPLE v. STEWART
Appellate Division of the Supreme Court of New York, Fourth Department.
Dec 22, 2006
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It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the third degree (Penal Law ยง 220.16). Contrary to the contention of defendant, his valid waiver of the right to appeal encompasses his challenges to County Court's suppression rulings ( see People v Kemp, 94 NY2d 831, 833; People v Rosado, 26 AD3d 891, 892, lv denied 6 NY3d 838), as well as his challenge to the severity of the sentence ( see People v Lopez, 6 NY3d 248, 255).
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