THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. DAMONE BELL DEFENDANT APPELLANT

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DAMONE D. BELL, DEFENDANT–APPELLANT.

KA 08–01880

Decided: November 18, 2011

PRESENT:  PERADOTTO, J.P., CARNI, LINDLEY, SCONIERS, AND GREEN, JJ. ALAN BIRNHOLZ, EAST AMHERST, FOR DEFENDANT–APPELLANT. FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (DONNA A. MILLING 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 controlled substance in the third degree (Penal Law § 220.16[1] ) and attempted criminal possession of a weapon in the second degree (§§ 110.00, 265.03[3] ).   Contrary to defendant's contention, his “ ‘waiver [of the right to appeal] is not invalid on the ground that [County Court] did not specifically inform [him] that his general waiver of the right to appeal encompassed the court's suppression rulings' “ (People v. Graham, 77 AD3d 1439, 1439, lv denied 15 NY3d 920).   Thus, defendant's contention that the court erred in refusing to suppress contraband found on his person and in the vehicle in which he was a passenger is encompassed by his valid waiver of the right to appeal (see People v. Kemp, 94 N.Y.2d 831, 833).

Patricia L. Morgan

Clerk of the Court