| People v Lindsay |
| 2018 NY Slip Op 04476 [162 AD3d 1647] |
| June 15, 2018 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Antwan Lindsay, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies of counsel), fordefendant-appellant.
John J. Flynn, District Attorney, Buffalo (Matthew B. Powers of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered July 1,2016. The judgment convicted defendant, upon his plea of guilty, of robbery in the thirddegree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty,of robbery in the third degree (Penal Law § 160.05). Contrary to defendant'scontention, the record establishes that he validly waived his right to appeal (see People v Mellerson, 156 AD3d1488, 1488-1489 [4th Dept 2017], lv denied 30 NY3d 1117 [2018]; People v Hollis, 147 AD3d 1505,1505 [4th Dept 2017], lv denied 29 NY3d 1033 [2017]). Defendant's reliance onPeople v Brown (296 AD2d 860 [4th Dept 2002], lv denied 98 NY2d 767 [2002])is misplaced inasmuch as County Court "provided defendant with an extensive and detaileddescription of the proposed waiver of the right to appeal before securing his consent thereto" (People v Thomas, 158 AD3d1191, 1191 [4th Dept 2018]). Defendant's valid waiver of his right to appeal forecloses hischallenge to the court's suppression ruling (see People v Kemp, 94 NY2d 831, 833[1999]). Present—Carni, J.P., Lindley, NeMoyer, Curran and Winslow, JJ.