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PEOPLE v. WILKINS

Appellate Division of the Supreme Court of New York, Third Department.
May 16, 2002
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MEMORANDUM AND ORDER

Peters, J.

Defendant's only claim on this appeal, that Supreme Court erred in denying his pretrial suppression motion, was encompassed by his knowing, voluntary and intelligent waiver of the right to appeal, which was intended comprehensively to cover all aspects of the case and was included as part of the plea bargain (see, People v. Kemp, 94 N.Y.2d 831). This Court has repeatedly enforced a defendant's waiver of the right to appeal as a bar to review of the denial of a suppression motion (see, e.g., People v. Jennings, 280 A.D.2d 697, lv denied 96 N.Y.2d 920; People v. Smith, 210 A.D.2d 533, lv denied 84 N.Y.2d 1039; People v. Hayes, 169 A.D.2d 999, lv denied 78 N.Y.2d 955) and we see no reason not to do so in this case (see, People v. Collier, 232 A.D.2d 878, lv denied 89 N.Y.2d 863).

Crew III, J.P., Spain, Carpinello and Rose, JJ., concur.

ORDERED that the judgment is affirmed.