| People v Aiken |
| 2010 NY Slip Op 03994 [73 AD3d 1450] |
| May 7, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Robert Aiken,Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Douglas A. Goerss of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Thomas P. Amodeo, A.J.), rendered June17, 2008. The judgment convicted defendant, upon his plea of guilty, of driving whileintoxicated, as a class E felony.
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 offelony driving while intoxicated (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c][former (i)]). The record establishes that defendant knowingly, intelligently, and voluntarilywaived his right to appeal (see People vLopez, 6 NY3d 248, 256 [2006]), and that valid waiver encompasses his challenge toCounty Court's suppression ruling (see People v Kemp, 94 NY2d 831, 833 [1999]).Present—Scudder, P.J., Martoche, Lindley, Green and Gorski, JJ.