Opinion
KA 01-01645
July 3, 2003.
Appeal from a judgment of Erie County Court (Pietruszka, J.), entered March 5, 2001, convicting defendant upon his plea of guilty of murder in the second degree.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (TIMOTHY P. MURPHY OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (DON I. DALLY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., PINE, SCUDDER, KEHOE, AND GORSKI, 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, the record establishes that his waiver of the right to appeal was knowing, intelligent and voluntary ( see People v. Moissett, 76 N.Y.2d 909, 910-911; cf. People v. Brown, 296 A.D.2d 860, lv denied 98 N.Y.2d 767), and that waiver encompasses his contentions with respect to County Court's suppression ruling ( see People v. Kemp, 94 N.Y.2d 831, 833) and the severity of the sentence ( see People v. Hidalgo, 91 N.Y.2d 733, 737).