People v Washington

2008 NY Slip Op 06108

Decided on July 3, 2008

Appellate Division, Fourth Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on July 3, 2008


PRESENT: MARTOCHE, J.P., CENTRA, LUNN, FAHEY, AND PINE, JJ.
969 KA 07-01126




Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.), rendered February 9, 2007. The judgment convicted defendant, upon his plea of guilty, of murder in the first degree.


THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT B. HALLBORG, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.


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 murder in the first degree (Penal Law § 125.27 [1] [a] [vii]; [b]). Contrary to the contention of defendant, his waiver of the right to appeal was voluntarily, knowingly, and intelligently entered (see People v Lopez, 6 NY3d 248, 256; People v Cox, 39 AD3d 1181; People v Gilbert, 17 AD3d 1164, lv denied 5 NY3d 762). That valid waiver encompasses the challenge by defendant to Supreme Court's suppression ruling (see People v Kemp, 94 NY2d 831, 833; People v Dean, 48 AD3d 1244; People v Boose, 38 AD3d 1259), as well as his challenge to the severity of the bargained-for sentence (see People v Hidalgo, 91 NY2d 733, 737).
Entered: July 3, 2008
JoAnn M. Wahl
Clerk of the Court