Opinion
KA 04-01528.
November 10, 2005.
Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered June 21, 2004. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree.
ERICKSON WEBB SCOLTON HAJDU, LAKEWOOD (LYLE T. HAJDU OF COUNSEL), FOR DEFENDANT-APPELLANT.
JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION, FOR PLAINTIFF-RESPONDENT.
Present: Hurlbutt, J.P., Scudder, Gorski, Smith and Lawton, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted criminal possession of a controlled substance in the third degree (Penal Law §§ 110.00, 220.16), defendant challenges County Court's suppression rulings. Those challenges are encompassed by defendant's knowing and voluntary waiver of the right to appeal ( see People v. Kemp, 94 NY2d 831, 833; People v. Gilbert, 17 AD3d 1164, lv denied 5 NY3d 762; see generally People v. Callahan, 80 NY2d 273, 285).