| People v Cruz |
| 2010 NY Slip Op 04887 [74 AD3d 1496] |
| June 10, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Juan Cruz,Appellant. |
—[*1] P. David Soares, District Attorney, Albany (Kenneth C. Weafer of counsel), forrespondent.
Peters, J. Appeal from a judgment of the County Court of Albany County (Herrick, J.),rendered June 25, 2009, convicting defendant upon his plea of guilty of the crime of criminalpossession of a controlled substance in the third degree.
Defendant was charged with multiple drug crimes following the seizure of various controlledsubstances and drug paraphernalia from the motel room where he was staying. At the conclusionof a combined Mapp/Dunaway hearing, County Court denied defendant's motion tosuppress the evidence seized. Thereafter, pursuant to a negotiated plea bargain, defendantpleaded guilty to criminal possession of a controlled substance in the third degree and waived hisright to appeal. County Court sentenced him to five years in prison followed by two years ofpostrelease supervision. Defendant now appeals, challenging the denial of his suppressionmotion.
Notably, defendant does not attack the validity of his waiver of the right to appeal, and therecord confirms that it was knowingly, voluntarily and intelligently made. During the pleacolloquy, County Court fully informed defendant of the separate and distinct right that was beingwaived and the consequences thereof, and addressed it separately from those rights beingforfeited upon defendant's guilty plea. Defendant confirmed his understanding that he was givingup his right to appeal from all aspects of the case, including everything that had alreadyoccurred, [*2]and counsel fully joined in the waiver. In light ofdefendant's valid appeal waiver, he is foreclosed from now challenging County Court's ruling onhis suppression motion (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Muirhead, 67 AD3d1258, 1259 [2009]; People vSchmidt, 57 AD3d 1104 [2008]; People v Martin, 16 AD3d 767, 767-768 [2005]).
Mercure, J.P., Spain, Rose and Kavanagh, JJ., concur. Ordered that the judgment is affirmed.