Opinion
No. KA 05-01407.
March 14, 2008.
Appeal from a judgment of the Supreme Court, Monroe County (Joseph D. Valentino, J), rendered April 12, 2005. The judgment convicted defendant, upon his plea of guilty, of course of sexual conduct against a child in the first degree and sexual abuse in the second degree.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (WILLIAM CLAUSS OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (JESSICA BIRKAHN OF COUNSEL), FOR RESPONDENT.
Present: Hurlbutt, J.P., Lunn, Fahey, Peradotto and Pine, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of course of sexual conduct against a child in the first degree (Penal Law former § 130.75 [a]) and sexual abuse in the second degree (§ 130.60 [2]). The waiver by defendant of the right to appeal encompasses his challenge to Supreme Court's suppression ruling ( see People v Kemp, 94 NY2d 831, 833; People v Conway, 43 AD3d 635, lv denied 9 NY3d 990), as well as his challenge to the severity of the sentence ( see People v Lopez, 6 NY3d 248, 256; People v Dupont, 292 AD2d 872, lv denied 98 NY2d 650).