| People v Thompson |
| 2010 NY Slip Op 01093 [70 AD3d 1319] |
| February 11, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v TarshawnThompson, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.),rendered April 16, 2008. The judgment convicted defendant, upon his plea of guilty, of assault inthe first 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 of assaultin the first degree (Penal Law § 120.10 [1]), defendant contends that his waiver of theright to appeal was invalid because Supreme Court failed to elicit from him, in his own words,his understanding of the waiver and its consequences. We reject that contention (see People v Ludlow, 42 AD3d941 [2007]; People v Brown,41 AD3d 1234 [2007], lv denied 9 NY3d 873 [2007]). " '[T]here is no requirementthat the . . . court engage in any particular litany' when accepting a defendant'swaiver of the right to appeal" (Ludlow, 42 AD3d at 942, quoting People vCallahan, 80 NY2d 273, 283 [1992]). The valid waiver by defendant of the right to appealencompasses his challenge to the court's suppression ruling (see People v Kemp, 94NY2d 831, 833 [1999]; People vGrimes, 53 AD3d 1055, 1056 [2008], lv denied 11 NY3d 789 [2008]; People v Gilbert, 17 AD3d 1164[2005], lv denied 5 NY3d 762 [2005]). Present—Scudder, P.J., Centra, Fahey andGreen, JJ.