Opinion
No. 522 KA 05-01141.
April 20, 2007.
Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered July 20, 2004. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree and criminal possession of a weapon in the third degree.
DEL ATWELL, EAST HAMPTON, FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.
Present — Hurlbutt, J.P., Gorski, Smith, Fahey and Green, 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 attempted criminal possession of a controlled substance in the third degree (Penal Law §§ 110.00, 220.16) and criminal possession of a weapon in the third degree (§ 265.02 [1]). The knowing, voluntary and intelligent waiver by defendant of the right to appeal encompasses his challenge to County Court's suppression ruling ( see People v Kemp, 94 NY2d 831, 833; People v Reynolds, 278 AD2d 937, lv denied 96 NY2d 805), as well as his challenge to the severity of the sentence ( see People v Hidalgo, 91 NY2d 733, 737).