| People v Ballard |
| 2011 NY Slip Op 06951 [88 AD3d 1025] |
| October 6, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v TimothyBallard, Appellant. |
—[*1] Kevin C. Kortright, District Attorney, Fort Edward (Shea P. Kolar of counsel), forrespondent.
Peters, J.P. Appeals (1) from a judgment of the County Court of Washington County(McKeighan, J.), rendered February 25, 2010, convicting defendant upon his plea of guilty of thecrimes of failure to register under the Sex Offender Registration Act and possessing a sexualperformance by a child, and (2) from a judgment of said court, rendered February 25, 2010,which revoked defendant's probation and imposed a sentence of imprisonment.
While on probation following his conviction of rape in the third degree, defendant wascharged in an indictment with failure to register under the Sex Offender Registration Act andthree counts of possessing a sexual performance by a child. Defendant pleaded guilty to failure toregister under the Sex Offender Registration Act and one count of possessing a sexualperformance by a child in full satisfaction of the indictment and waived his right to appeal.County Court thereafter sentenced defendant, as a second felony offender, to an aggregate prisonterm of 2 to 4 years. County Court also revoked defendant's probation on the rape conviction andimposed a term of imprisonment of 1 to 3 years, with that sentence to run consecutively to theaggregate sentence stemming from his convictions for failing to register under the Sex OffenderRegistration Act and possessing a sexual performance by a child. Defendant now appeals.
We affirm. Defendant's sole contention on appeal is that County Court erred in denying hismotion to suppress certain statements he made to his probation officers concerning his use of[*2]the Internet to access child pornography. Defendant does notchallenge the validity of his waiver of the right to appeal. Our review of the record reveals thatduring the plea allocution, County Court distinguished the right to appeal from the rightsdefendant was forfeiting by his guilty plea and defendant acknowledged his understanding of thewaiver. Thereafter, defendant signed a counseled written appeal waiver in open court.Accordingly, we find that defendant validly waived his right to appeal (see People v Wicks, 83 AD3d1223, 1224 [2011], lv denied 17 NY3d 810 [2011]; People v Chaney, 70 AD3d 1251,1252 [2010], lv denied 15 NY3d 748 [2010]). In light of his valid appeal waiver,defendant is precluded from challenging the denial of his suppression motion (see People v White, 75 AD3d 837,838 [2010], lv denied 15 NY3d 925 [2010]; People v Robertson, 46 AD3d 928, 929 [2007], lv denied10 NY3d 844 [2008]).
Spain, Lahtinen, Stein and Egan Jr., JJ., concur. Ordered that the judgments are affirmed.