| People v Putnam |
| 2008 NY Slip Op 03770 [50 AD3d 1514] |
| April 25, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v WilliePutnam, Appellant. |
—[*1] Frank J. Clark, District Attorney, Buffalo (Raymond C. Herman of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.),rendered January 30, 2007. The judgment convicted defendant, upon his plea of guilty, ofrobbery 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 ofrobbery in the second degree (Penal Law § 160.10 [2] [b]). Contrary to the contention ofdefendant, his waiver of the right to appeal is valid (see People v Nichols, 32 AD3d 1316, 1317 [2006], lv denied8 NY3d 848, reconsideration denied 8 NY3d 988 [2007]), and his challenge toSupreme Court's suppression ruling is encompassed by that valid waiver of the right to appeal(see People v Kemp, 94 NY2d 831, 833 [1999]; People v Conway, 43 AD3d 635 [2007], lv denied 9 NY3d990 [2007]). In any event, we conclude that the court properly determined that defendantconsented to the entry of the police into his home, and thus he was not subject to an illegal arrest(see People v Washington, 209 AD2d 817, 818-819 [1994], lv denied 85 NY2d944 [1995]). The evidence at the suppression hearing established that defendant left the dooropen and did not object to the officer's presence in his home (see id. at 819; see alsoPeople v Montana, 298 AD2d 934 [2002], lv denied 99 NY2d 561 [2002]).Present—Scudder, P.J., Smith, Centra, Peradotto and Pine, JJ.