People v. Carter

Supreme Court, Appellate Division, Fourth Department, New York.

Feb 10, 2017

Judgment

CaseIQ

Mary R. Humphrey, New Hartford, for defendant-appellant.

Scott D. McNamara, District Attorney, Utica (Steven G. Cox of Counsel), for respondent.

MEMORANDUM:

Defendant appeals from a judgment convicting him upon a plea of guilty of robbery in the first degree (Penal Law § 160.15[4] ). Defendant's valid waiver of the right to appeal forecloses our review of his challenge to County Court's suppression ruling (see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 ), and his challenge to the severity of the sentence (see People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 ).

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

PERADOTTO, J.P., LINDLEY, NEMOYER, and SCUDDER, JJ., concur.