Opinion
No. KA 05-00683.
December 22, 2006.
Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered January 26, 2005. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance 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 (SUSAN C. MINISTERO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: Present — Hurlbutt, J.P., Smith, Centra and Pine, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby 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 third degree (Penal Law § 220.16). Contrary to the contention of defendant, his valid waiver of the right to appeal encompasses his challenges to County Court's suppression rulings ( see People v Kemp, 94 NY2d 831, 833; People v Rosado, 26 AD3d 891, 892, lv denied 6 NY3d 838), as well as his challenge to the severity of the sentence ( see People v Lopez, 6 NY3d 248, 255).