PEOPLE v. HIGGS (2007)

Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered January 4, 2006, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant voluntarily, knowingly, and intelligently waived his right to appeal as part of his plea agreement (see People v. Ramos, 7 N.Y.3d 737, 819 N.Y.S.2d 853, 853 N.E.2d 222;  People v. Seaberg, 74 N.Y.2d 1, 543 N.Y.S.2d 968, 541 N.E.2d 1022).   The defendant executed a detailed written waiver of the right to appeal from the judgment of conviction which included “any suppression issues that may exist ․ pre-trial motions or rulings by the Court” (People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754;  see People v. Williams, 36 N.Y.2d 829, 830, 370 N.Y.S.2d 904, 331 N.E.2d 684, cert. denied 423 U.S. 873, 96 S.Ct. 141, 46 L.Ed.2d 104;  People v. Holman, 33 A.D.3d 815, 826 N.Y.S.2d 287;  People v. Burke, 25 A.D.3d 722, 811 N.Y.S.2d 714).   Thus, review of his challenge to the County Court's suppression determination is foreclosed by this waiver.