| People v Burley |
| 2016 NY Slip Op 01088 [136 AD3d 1404] |
| February 11, 2016 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Raymond M. Burley, Appellant. |
Kathleen E. Casey, Barker, for defendant-appellant.
Raymond M. Burley, defendant-appellant pro se.
Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of counsel), forrespondent.
Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.),rendered September 11, 2014. The judgment convicted defendant, upon his plea ofguilty, of unlawful manufacture of methamphetamine in the third degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea ofguilty, of unlawful manufacture of methamphetamine in the third degree (Penal Law§ 220.73 [1]). We reject defendant's contention that his waiver of the rightto appeal is invalid. It is well settled that " '[n]o particular litany is required foran effective waiver of the right to appeal' " (People v Fisher, 94 AD3d 1435, 1435 [2012], lvdenied 19 NY3d 973 [2012]; see People v Kemp, 94 NY2d 831, 833 [1999]).Here, "[t]he record establishes that defendant's waiver of the right to appeal wasknowing, voluntary and intelligent and that it was 'intended comprehensively to cover allaspects of the case' " (Fisher, 94 AD3d at 1435). Defendant's validwaiver of the right to appeal encompasses his challenge to County Court's suppressionruling (see Kemp, 94 NY2d at 833; People v McNew, 117 AD3d 1491, 1492 [2014], lvdenied 24 NY3d 1003 [2014]). Present—Whalen, P.J., Peradotto, Carni,Lindley and DeJoseph, JJ.