THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. KYLE MCCLAIN DEFENDANT APPELLANT (2013)

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum:  Defendant appeals from a judgment convicting him upon a plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03[3] ), unlawful possession of marihuana (§ 221.05), and failure to obey a stop sign (Vehicle and Traffic Law § 1172[a] ).   We reject defendant's contention that his waiver of the right to appeal was invalid.  “[T]rial courts are not required to engage in any particular litany during an allocution in order to obtain a valid guilty plea in which defendant waives a plethora of rights, including the right to appeal” (People v. Mitchell, 93 AD3d 1173, 1173–1174, lv denied 19 NY3d 999 [internal quotation marks omitted];  see People v. Fisher, 94 AD3d 1435, 1435, lv denied 19 NY3d 973).   The record establishes that defendant waived his right to appeal in order to secure a sentencing commitment, and Supreme Court properly “ ‘describ[ed] the nature of the right being waived without lumping that right into the panoply of trial rights automatically forfeited upon pleading guilty’ “ (People v. Tabb, 81 AD3d 1322, 1322, lv denied 16 NY3d 900, quoting People v. Lopez, 6 NY3d 248, 257).   Defendant's valid waiver of the right to appeal encompasses his challenge to the court's suppression rulings (see Mitchell, 93 AD3d at 1174).

Frances E. Cafarell

Clerk of the Court