| People v Caraballo |
| 2009 NY Slip Op 00801 [59 AD3d 971] |
| February 6, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v FransiscoCaraballo, Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Stephen X. O'Brien of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered July25, 2003. The judgment convicted defendant, upon his plea of guilty, of burglary in the firstdegree.
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 ofburglary in the first degree (Penal Law § 140.30 [1]). Contrary to the contention ofdefendant, his waiver of the right to appeal was valid. "Defendant's responses to County Court'squestions unequivocally established that defendant understood the proceedings and wasvoluntarily waiving the right to appeal" (People v Gilbert, 17 AD3d 1164, 1164 [2005], lv denied 5NY3d 762 [2005]; see People vGriner, 50 AD3d 1557 [2008], lv denied 11 NY3d 737 [2008]; People v Williams, 39 AD3d 1200[2007], lv denied 9 NY3d 853 [2007]). The valid waiver by defendant of his right toappeal encompasses his contention that the court erred in refusing to suppress identificationtestimony (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Brown, 41 AD3d 1234[2007], lv denied 9 NY3d 873 [2007]). Present—Smith, J.P., Centra, Fahey,Peradotto and Pine, JJ.