| People v Hogabone |
| 2008 NY Slip Op 02510 [49 AD3d 1027] |
| March 20, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Jason R.Hogabone, Appellant. |
—[*1] Louise K. Sira, District Attorney, Johnstown (Chad W. Brown of counsel), forrespondent.
Rose, J. Appeal from a judgment of the County Court of Fulton County (Giardino, J.),rendered August 31, 2006, convicting defendant upon his plea of guilty of the crime of burglaryin the third degree.
After defendant made incriminating statements about a number of burglaries, he was indictedfor burglary in the third degree (four counts), grand larceny (one count) and petit larceny (threecounts). When County Court denied suppression of his statements to police and the items foundduring a search of his car, defendant pleaded guilty to one count of burglary in the third degree insatisfaction of the indictment and waived his right to appeal. County Court sentenced defendant,as a second felony offender, to 3 to 6 years in prison, prompting this appeal.
Defendant acknowledged and waived his right to appeal orally and in a detailed writingfollowing a thorough advisement of his rights by County Court during the plea colloquy. Thecourt specifically told defendant that his waiver would mean that there would be no appellatereview of its suppression rulings. Also, in the written waiver, defendant acknowledged that hehad discussed the consequences of his waiver with his counsel. Thus, defendant knowingly,voluntarily and intelligently waived his right to appeal (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Fludd, 33 AD3d 1124,1125 [2006], lv denied 9 NY3d 843 [2007]). [*2]Accordingly, defendant's challenges to County Court's suppressionrulings are precluded (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Hunt, 29 AD3d 1081,1083 [2006], lv denied 7 NY3d 813 [2006]), and his challenge to the admission ofevidence at the Huntley/Mapp hearing and to the severity of the sentence imposed areforeclosed (see People v Lopez, 6NY3d 248, 255 [2006]; People vRomano, 45 AD3d 910, 912 [2007]).
Cardona, P.J., Peters, Carpinello and Malone Jr., JJ., concur. Ordered that the judgment isaffirmed.