People v. Moore

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DAVID R. JUERGENS OF COUNSEL), FOR DEFENDANT–APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LEAH R. MERVINE OF COUNSEL), FOR RESPONDENT.

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, CURRAN, AND WINSLOW, JJ.

MEMORANDUM AND ORDER

Memorandum:

Defendant appeals from a judgment convicting him upon his guilty plea of criminal possession of a weapon in the second degree ( Penal Law § 265.03 [3] ). Contrary to defendant's contention, the record establishes that he knowingly, intelligently and voluntarily waived his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Tantao, 41 A.D.3d 1274, 1274, 838 N.Y.S.2d 757 [4th Dept. 2007], lv denied 9 N.Y.3d 882, 842 N.Y.S.2d 794, 874 N.E.2d 761 [2007] ). County Court "was ‘not required to engage in any particular litany’ in order to obtain a valid waiver of the right to appeal" ( Tantao, 41 A.D.3d at 1274–1275, 838 N.Y.S.2d 757, quoting People v. Moissett, 76 N.Y.2d 909, 910, 563 N.Y.S.2d 43, 564 N.E.2d 653 [1990] ). The valid waiver of the right to appeal encompasses defendant's challenge to the 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 [1999] ; People v. Garner, 52 A.D.3d 1265, 1266, 858 N.Y.S.2d 642 [4th Dept. 2008], lv denied 11 N.Y.3d 736, 864 N.Y.S.2d 395, 894 N.E.2d 659 [2008] ).

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