| People v Bell |
| 2011 NY Slip Op 08406 [89 AD3d 1518] |
| November 18, 2011 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Damone D. Bell,Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Donna A. Milling of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered July 16,2008. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlledsubstance in the third degree and attempted criminal possession of a weapon in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his guilty plea, of criminalpossession of a controlled substance in the third degree (Penal Law § 220.16 [1]) and attemptedcriminal possession of a weapon in the second degree (§§ 110.00, 265.03 [3]). Contraryto defendant's contention, his " 'waiver [of the right to appeal] is not invalid on the ground that [CountyCourt] did not specifically inform [him] that his general waiver of the right to appeal encompassed thecourt's suppression rulings' " (People vGraham, 77 AD3d 1439, 1439 [2010], lv denied 15 NY3d 920 [2010]). Thus,defendant's contention that the court erred in refusing to suppress contraband found on his person andin the vehicle in which he was a passenger is encompassed by his valid waiver of the right to appeal(see People v Kemp, 94 NY2d 831, 833 [1999]). Present—Peradotto, J.P., Carni,Lindley, Sconiers and Green, JJ.