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People v. Smith

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


April 2, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
KENNY SMITH, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered August 7, 2006, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of 51/2 years, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Friedman, Moskowitz, Acosta, JJ.

5584/05

Defendant signed a detailed and valid written waiver of his right to appeal, and he orally acknowledged that he understood it and had discussed it with counsel. This established defendant's understanding that, separately from the rights already waived by pleading guilty, he was waiving his right to raise suppression issues on appeal. As an alternative holding, we reject defendant's suppression claims on the merits.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090402

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