THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. ROKYM KNOX DEFENDANT APPELLANT (2015)

Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ROKYM KNOX, DEFENDANT–APPELLANT.

KA 14–01528

Decided: November 13, 2015

PRESENT: SCUDDER, P.J., SMITH, CENTRA, WHALEN, AND DEJOSEPH, JJ.

KATHRYN FRIEDMAN, BUFFALO, FOR DEFENDANT–APPELLANT. FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (MATTHEW B. POWERS OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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 two counts of robbery in the second degree (Penal Law § 160.10[1], [2] [b] ), defendant contends that Supreme Court erred in refusing to suppress identification testimony. We agree with the People that the valid waiver by defendant of his right to appeal encompasses that contention (see People v. Kemp, 94 NY3d 831, 833; People v. Caraballo, 59 AD3d 971, 971, lv denied 12 NY3d 852).

Frances E. Cafarell

Clerk of the Court

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