| People v White |
| 2010 NY Slip Op 06112 [75 AD3d 837] |
| July 15, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Joshua White,Appellant. |
—[*1] Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), forrespondent.
Lahtinen, J. Appeal from a judgment of the Supreme Court (Sise, J.), rendered January 16,2009 in Schenectady County, convicting defendant upon his plea of guilty of the crime of assaultin the first degree.
Defendant was charged in a multicount indictment after he allegedly shot and injuredanother person in the City of Schenectady, Schenectady County. Following a combinedHuntley/Wade/Dunaway hearing, defendant's motion to, among otherthings, suppress statements he made to police and suppress potential identification testimony wasdenied. He then accepted a plea agreement in which he pleaded guilty to one count of theindictment—assault in the first degree—in satisfaction of the entire indictment aswell as two other pending indictments. As part of the agreement, he waived his right to appeal.Defendant was sentenced consistent with the terms of the plea agreement and now appeals.
We affirm. Defendant contends that his suppression motion should have been granted. Hedoes not, however, challenge the validity of his waiver of his right to appeal. We note that heacknowledged waiving his right to appeal both in response to specific questioning from SupremeCourt during the plea allocution as well as in a written waiver that he discussed with his counseland executed simultaneous with the plea (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Chaney, 70 AD3d 1251,1252 [2010]). "In light of defendant's valid appeal waiver, he is now [*2]foreclosed from challenging the denial of his suppression motion"(People v Schmidt, 57 AD3d1104, 1104 [2008] [citation omitted]; see People v Kemp, 94 NY2d 831, 833[1999]; People v Robertson, 46AD3d 928, 929 [2007], lv denied 10 NY3d 844 [2008]).
Rose, J.P., Stein, Garry and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.