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PEOPLE v. LYNCH

Appellate Division of the Supreme Court of New York, Fourth Department.
Feb 11, 2004
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MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Contrary to the contention of defendant, his waiver of the right to appeal entered as part of the plea agreement was voluntary, knowing, and intelligent ( see People v. Seaberg, 74 N.Y.2d 1, 11; People v. Summers [appeal No. 2], 242 A.D.2d 869, lv denied 91 N.Y.2d 881). "The record establishes that defendant understood that, by waiving his right to appeal, he was relinquishing the right to challenge his conviction" ( Summers, 242 A.D.2d at 869). Defendant's general waiver of the right to appeal encompasses County Court's suppression ruling ( see People v. Taber, 303 A.D.2d 1027, lv denied 100 N.Y.2d 599; People v. Davidson, 298 A.D.2d 854, 855, lv denied 99 N.Y.2d 557).