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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN MARTINEZ-DIAZ, Appellant.

Memorandum:

On appeal from a judgment convicting him, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06), defendant contends that he did not validly waive his right to appeal. We reject that contention ( see generally People v. Callahan, 80 NY2d 273, 280). Contrary to the further contention of defendant, his general waiver of the right to appeal encompasses his present challenge to Supreme Court's suppression ruling ( see People v. Kemp, 94 NY2d 831, 833; People v. King, 27 AD3d 1160 [2006]).

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PEOPLE v. MARTINEZ-DIAZ
(Jun 9, 2006)