People v. Rodriguez

Appeal from a judgment of the Cattaraugus County Court (Larry M. Himelein, *830J.), rendered August 13, 2012. The judgment convicted defendant, upon his plea of guilty, of burglary in the first degree and robbery in the second degree.
Wagner & Hart, LLP, Olean (Janine C. Fodor of Counsel), for Defendant–Appellant. Lori Pettit Rieman, District Attorney, Little Valley, for Respondent.
MEMORANDUM:

Defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the first degree (Penal Law § 140.30[2] ) and robbery in the second degree (§ 160.10[1] ). Contrary to defendant's contention, we conclude that he knowingly, intelligently and voluntarily waived his right to appeal ( see generally People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145;People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754). The challenge by defendant to County Court's suppression ruling is encompassed by that valid waiver of the right to appeal ( see Kemp, 94 N.Y.2d at 833, 703 N.Y.S.2d 59, 724 N.E.2d 754;People v. Goossens, 92 A.D.3d 1282, 1283, 938 N.Y.S.2d 486,lv. denied19 N.Y.3d 960, 950 N.Y.S.2d 112, 973 N.E.2d 210).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. SMITH, J.P., PERADOTTO, CARNI, VALENTINO, and WHALEN, JJ., concur.