| People v Spruill |
| 2011 NY Slip Op 09045 [90 AD3d 1242] |
| December 15, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Joseph Spruill,Also Known as E, Appellant. |
—[*1] Mark D. Suben, District Attorney, Cortland (Kevin A. Jones of counsel), forrespondent.
Spain, J.P. Appeal from a judgment of the County Court of Cortland County (Campbell, J.),rendered October 29, 2009, convicting defendant upon his plea of guilty of the crime ofattempted criminal sale of a controlled substance in the third degree.
Defendant was charged by indictment with criminal sale of a controlled substance in the thirddegree after he sold a quantity of cocaine to a confidential informant. In satisfaction of thepending charge, as well as other drug-related charges under investigation in Cortland County,defendant pleaded guilty to attempted criminal sale of a controlled substance in the third degree.As a condition of the plea agreement, defendant waived his right to appeal, orally and in writing,after County Court thoroughly explained the appeal waiver to him and he indicated that counselhad answered all of his questions. Defendant was sentenced in accordance with the pleaagreement to six years in prison followed by 1½ years of postrelease supervision.Defendant now appeals.
We affirm. Defendant's sole challenge on appeal concerns County Court's decision denyinghis motion to suppress identification evidence. However, defendant's valid knowing, voluntaryand intelligent waiver of his right to appeal—which was comprehensive, unqualified andmade with the advice of counsel—precludes this appeal from the adverse suppressionruling (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Gentry, 68 AD3d 1353,1354 [2009], lv denied 14 NY3d 800 [2010]; People v Muirhead, 67 AD3d 1258, 1259 [2009]; People v [*2]Pump, 67 AD3d 1041, 1041 [2009], lv denied 13NY3d 941 [2010]).
Rose, Malone Jr., Stein and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.