| People v Goodwin |
| 2017 NY Slip Op 00803 [147 AD3d 1352] |
| February 3, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v DarrylGoodwin, Also Known as Daryl Goodwin, Appellant. |
Timothy P. Donaher, Public Defender, Rochester (David R. Juergens of counsel), fordefendant-appellant.
Sandra Doorley, District Attorney, Rochester (Daniel Gross of counsel), for respondent.
Appeal from a judgment of the Supreme Court, Monroe County (Thomas E. Moran, J.),rendered November 26, 2012. The judgment convicted defendant, upon his plea of guilty, ofcriminal possession of a controlled substance in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminalpossession of a controlled substance in the third degree (Penal Law § 220.16 [1]),defendant contends that his waiver of the right to appeal was invalid. We reject that contentioninasmuch as the record demonstrates that the waiver was knowingly, intelligently, andvoluntarily entered (see generally Peoplev Sanders, 25 NY3d 337, 341-342 [2015]). Contrary to defendant's contention, his"waiver [of the right to appeal] is not invalid on the ground that [Supreme Court] did notspecifically inform [him] that his general waiver of the right to appeal encompassed the court'ssuppression rulings" (People vBrand, 112 AD3d 1320, 1321 [2013], lv denied 23 NY3d 961 [2014] [internalquotation marks omitted]). Thus, defendant's valid waiver of the right to appeal encompasses hiscontention that the court erred in denying his suppression motion (see Sanders, 25 NY3dat 342). Present—Whalen, P.J., Smith, DeJoseph, Curran and Scudder, JJ.