| People v Griner |
| 2008 NY Slip Op 03832 [50 AD3d 1557] |
| April 25, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Sammie LeeGriner, Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Loretta S. Courtney of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), renderedDecember 20, 2004. The judgment convicted defendant, upon his plea of guilty, of criminalpossession of a controlled substance in the third 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 ofcriminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]).We reject the contention of defendant that his waiver of the right to appeal is invalid. The writtenwaiver of the right to appeal, together with defendant's responses during the plea proceeding,establish that the waiver was voluntarily, knowingly, and intelligently entered (see People v Fifield, 24 AD3d1221 [2005], lv denied 6 NY3d 775 [2006]; People v Johnston, 17 AD3d 1103 [2005], lv denied 5NY3d 829 [2005]). That valid waiver of the right to appeal encompasses defendant's challenge toCounty Court's suppression ruling (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Worthy, 46 AD3d 1382[2007]). Finally, we note that the certificate of conviction incorrectly reflects that defendant wasconvicted of criminal possession of a controlled substance in the third degree under Penal Law§ 220.16 (12), and it must therefore be amended to reflect that he was convicted underPenal Law § 220.16 (1) (seePeople v Martinez, 37 AD3d 1099 [2007], lv denied 8 NY3d 947 [2007]).Present—Centra, J.P., Lunn, Peradotto, Green and Pine, JJ.