Opinion
No. KA 07-01080.
October 3, 2008.
Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered February 9, 2007. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree.
CHRISTOPHER JUDE PELLI, UTICA, FOR DEFENDANT-APPELLANT.
MONTREZ L. McMATH, DEFENDANT-APPELLANT PRO SE.
SCOTT D. McNAMARA, DISTRICT ATTORNEY, UTICA (STEVEN G. COX OF COUNSEL), FOR RESPONDENT.
Before: Scudder, P. J., Centra, Fahey, Peradotto and Green, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09). The valid waiver by defendant of the right to appeal encompasses the challenges in his main brief and pro se supplemental brief to County Court's suppression ruling ( see People v Kemp, 94 NY2d 831, 833; People v Berzito, 261 AD2d 157, lv denied 93 NY2d 1043). To the extent that the contention of defendant that he was denied effective assistance of counsel survives the plea and his waiver of the right to appeal ( see People v Santos, 37 AD3d 1141, lv denied 8 NY3d 950), it is lacking in merit ( see generally People v Ford, 86 NY2d 397, 404). The record establishes that defense counsel negotiated a favorable plea bargain and otherwise provided meaningful representation ( see People v Lewis, 39 AD3d 1025, 1026; see generally People v Baldi, 54 NY2d 137, 147).