THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. CHRISTOPHER MOORE DEFENDANT APPELLANT (2018)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. CHRISTOPHER L. MOORE, DEFENDANT–APPELLANT.

KA 15–01859

Decided: February 09, 2018

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, CURRAN, AND WINSLOW, JJ.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DAVID R. JUERGENS OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LEAH R. MERVINE OF COUNSEL), FOR RESPONDENT.

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 his guilty plea of criminal 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 and voluntarily 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 to engage 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 N.Y.2d 909, 910 [1990] ). The valid waiver of the right to appeal encompasses defendant's challenge to the court's suppression ruling (see People v. Kemp, 94 N.Y.2d 831, 833 [1999]; People v. Garner, 52 AD3d 1265, 1266 [4th Dept 2008], lv denied 11 NY3d 736 [2008] ).

Mark W. Bennett

Clerk of the Court

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