| People v Rodriguez |
| 2013 NY Slip Op 07328 [111 AD3d 1310] |
| November 8, 2013 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, vSamuel L. Rodriguez, Appellant. |
—[*1] Lori Pettit Rieman, District Attorney, Little Valley, for respondent.
Appeal from a judgment of the Cattaraugus County Court (Larry M. Himelein, J.),rendered August 13, 2012. The judgment convicted defendant, upon his plea of guilty, ofburglary in the first degree and robbery 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 plea ofguilty of burglary in the first degree (Penal Law § 140.30 [2]) and robbery in thesecond degree (§ 160.10 [1]). Contrary to defendant's contention, we conclude thathe knowingly, intelligently and voluntarily waived his right to appeal (see generally People v Lopez,6 NY3d 248, 256 [2006]; People v Kemp, 94 NY2d 831, 833 [1999]). Thechallenge by defendant to County Court's suppression ruling is encompassed by thatvalid waiver of the right to appeal (see Kemp, 94 NY2d at 833; People v Goossens, 92 AD3d1282, 1283 [2012], lv denied 19 NY3d 960 [2012]). Present—Smith,J.P., Peradotto, Carni, Valentino and Whalen, JJ.