Opinion
KA 01-02458.
February 11, 2004.
Appeal from a judgment of the Erie County Court (Michael L. D'Amico, J.), rendered November 26, 2001. The judgment convicted defendant, upon his plea of guilty, of forgery in the second degree and unauthorized use of a vehicle in the third degree.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (TIMOTHY P. MURPHY OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (WENDY R. IRENE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: WISNER, J.P., HURLBUTT, SCUDDER, KEHOE, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Contrary to the contention of defendant, his waiver of the right to appeal entered as part of the plea agreement was voluntary, knowing, and intelligent ( see People v. Seaberg, 74 N.Y.2d 1, 11; People v. Summers [appeal No. 2], 242 A.D.2d 869, lv denied 91 N.Y.2d 881). "The record establishes that defendant understood that, by waiving his right to appeal, he was relinquishing the right to challenge his conviction" ( Summers, 242 A.D.2d at 869). Defendant's general waiver of the right to appeal encompasses County Court's suppression ruling ( see People v. Taber, 303 A.D.2d 1027, lv denied 100 N.Y.2d 599; People v. Davidson, 298 A.D.2d 854, 855, lv denied 99 N.Y.2d 557).