| People v Hunter |
| 2008 NY Slip Op 02326 [49 AD3d 1243] |
| March 14, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Kyle Hunter,Appellant. |
—[*1]
Appeal from a judgment of the Oswego County Court (Walter W. Hafner, Jr., J.), renderedOctober 17, 2006. The judgment convicted defendant, upon his plea of guilty, of burglary in thefirst degree, robbery in the third degree and attempted assault in the second degree.
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,inter alia, burglary in the first degree (Penal Law § 140.30 [1]). Contrary to the contentionof defendant, his "responses to County Court's questions unequivocally established that [he]understood the proceedings and was voluntarily waiving the right to appeal" (People v Gilbert, 17 AD3d 1164,1164 [2005], lv denied 5 NY3d 762 [2005]). The waiver by defendant of the right toappeal encompasses his challenge to the court's suppression ruling (see People v Kemp,94 NY2d 831, 833 [1999]; People vGordon, 42 AD3d 964 [2007], lv denied 9 NY3d 876 [2007]) and, by pleadingguilty, defendant forfeited his contention that the court erred in denying his severance motion (see People v Lynch, 13 AD3d1142 [2004], lv denied 4 NY3d 800 [2005]; People v Smith, 290 AD2d 464[2002], lv denied 98 NY2d 702 [2002]). Finally, to the extent that the contention ofdefendant that he was denied effective assistance of counsel survives his guilty plea and waiverof the right to appeal (see People vEastman, 45 AD3d 1411 [2007]; People v Santos, 37 AD3d 1141 [2007], lv denied 8 NY3d950 [2007]), we conclude that it is lacking in merit (see generally People v Ford, 86NY2d 397, 404 [1995]). Present—Smith, J.P., Centra, Fahey, Peradotto and Green, JJ.