THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. ROBERT AIKEN DEFENDANT APPELLANT

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ROBERT AIKEN, DEFENDANT-APPELLANT.

KA 08-02642

Decided: May 07, 2010

PRESENT:  SCUDDER, P.J., MARTOCHE, LINDLEY, GREEN, AND GORSKI, JJ. THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT. FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (DOUGLAS A. GOERSS 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 plea of guilty of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [3];  § 1193[1][c] [former (i) ] ).   The record establishes that defendant knowingly, intelligently, and voluntarily waived his right to appeal (see People v. Lopez, 6 NY3d 248, 256), and that valid waiver encompasses his challenge to County Court's suppression ruling (see People v. Kemp, 94 N.Y.2d 831, 833).

Patricia L. Morgan

Clerk of the Court