| People v Davis |
| 2009 NY Slip Op 05473 [64 AD3d 1190] |
| July 2, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Antwan L.Davis, Also Known as"Twannie," Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Shirley Troutman, J.), rendered October24, 2007. The judgment convicted defendant, upon his plea of guilty, of criminal possession of aweapon in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty ofcriminal possession of a weapon in the second degree (Penal Law § 265.03 [former (2)]),defendant contends that his waiver of the right to appeal is invalid because County Court failedto inform him that the waiver would include his right to appeal from the court's suppressionruling. We reject that contention. The court "need not engage in any particular litany whenapprising a defendant pleading guilty of the individual rights abandoned" (People v Lopez, 6 NY3d 248, 256[2006]), and defendant indicated at the plea colloquy that he had spoken with defense counselconcerning the waiver of the right to appeal and that he understood the rights he wasrelinquishing as a result of the waiver of the right to appeal (see generally id.). Thus, thechallenge by defendant to the court's suppression ruling is encompassed by his valid waiver ofthe right to appeal (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Johnson, 60 AD3d 1496[2009]; People v Carter, 59 AD3d951 [2009]). Present—Martoche, J.P., Centra, Peradotto, Green and Gorski, JJ.