| People v Eatmon |
| 2009 NY Slip Op 07025 [66 AD3d 1453] |
| October 2, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v KevinEatmon, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Raymond C. Herman of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered January11, 2006. The judgment convicted defendant, upon his plea of guilty, of attempted robbery in thefirst 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 ofattempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [2]). We rejectthe contention of defendant that his waiver of the right to appeal was not knowingly, voluntarily,and intelligently entered (see generallyPeople v Lopez, 6 NY3d 248, 256 [2006]). "No particular litany is required for aneffective waiver of the right to appeal" (People v McDonald, 270 AD2d 955 [2000],lv denied 95 NY2d 800 [2000]; see People v Moissett, 76 NY2d 909, 910-911[1990]), and the responses of defendant to County Court's questions during the plea allocutionestablish that he understood the proceedings and was voluntarily waiving the right to appeal (see People v Tantao, 41 AD3d1274, 1275 [2007], lv denied 9 NY3d 882 [2007]). The general waiver by defendantof the right to appeal encompasses his challenges to the court's suppression ruling (seePeople v Kemp, 94 NY2d 831, 833 [1999]), and the severity of the sentence (see Peoplev Hidalgo, 91 NY2d 733, 737 [1998]). Present—Martoche, J.P., Centra, Fahey,Peradotto and Green, JJ.