| People v Moore |
| 2018 NY Slip Op 00999 [158 AD3d 1312] |
| February 9, 2018 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vChristopher L. Moore, Appellant. |
Timothy P. Donaher, Public Defender, Rochester (David R. Juergens of counsel), fordefendant-appellant.
Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Victoria M. Argento, J.), renderedSeptember 10, 2015. The judgment convicted defendant, upon his plea of guilty, of criminalpossession of a weapon 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 guilty plea ofcriminal possession of a weapon in the second degree (Penal Law § 265.03 [3]).Contrary to defendant's contention, the record establishes that he knowingly, intelligently andvoluntarily waived his right to appeal (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Tantao, 41 AD3d 1274,1274 [4th Dept 2007], lv denied 9 NY3d 882 [2007]). County Court "was 'not required toengage in any particular litany' in order to obtain a valid waiver of the right to appeal"(Tantao, 41 AD3d at 1274-1275, quoting People v Moissett, 76 NY2d 909, 910[1990]). The valid waiver of the right to appeal encompasses defendant's challenge to the court'ssuppression ruling (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Garner, 52 AD3d 1265,1266 [4th Dept 2008], lv denied 11 NY3d 736 [2008]). Present—Smith, J.P.,Peradotto, Lindley, Curran and Winslow, JJ.