| People v Knox |
| 2015 NY Slip Op 08303 [133 AD3d 1257] |
| November 13, 2015 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vRokym Knox, Appellant. |
Kathryn Friedman, Buffalo, for defendant-appellant.
Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (Russell P. Buscaglia,A.J.), rendered May 21, 2014. The judgment convicted defendant, upon his plea ofguilty, of robbery in the second degree (two counts).
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty oftwo counts of robbery in the second degree (Penal Law § 160.10 [1], [2][b]), defendant contends that Supreme Court erred in refusing to suppress identificationtestimony. We agree with the People that the valid waiver by defendant of his right toappeal encompasses that contention (see People v Kemp, 94 NY2d 831, 833[1999]; People v Caraballo,59 AD3d 971, 971 [2009], lv denied 12 NY3d 852 [2009]).Present—Scudder, P.J., Smith, Centra, Whalen and DeJoseph, JJ.