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The People of the State of New York, Respondent v. Jerome T. Carson

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


July 2, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JEROME T. CARSON, DEFENDANT-APPELLANT. (APPEAL NO. 1.)

Appeal from a judgment of the Erie County Court (Shirley Troutman, J.), rendered April 21, 2008.

956

MEMORANDUM AND ORDER

PRESENT: SMITH, J.P., FAHEY, CARNI, PINE, AND GORSKI, JJ.

The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the fourth degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him upon his plea of guilty of attempted criminal possession of a controlled substance in the fourth degree (Penal Law §§ 110.00, 220.09 [3]) and, in appeal No. 2, he appeals from a judgment convicting him upon his plea of guilty of attempted criminal possession of a controlled substance in the fifth degree (§§ 110.00, 220.06 [1]). Contrary to the contention of defendant, his waiver of the right to appeal in appeal No. 1 was knowingly, intelligently and voluntarily entered (see People v Lopez, 6 NY3d 248, 256; cf. People v Ramos, 152 AD2d 209). Contrary to defendant's implicit contention, County Court was not required to "engage in any particular litany in order to satisfy itself" that the waiver was validly entered (People v Callahan, 80 NY2d 273, 283). The valid waiver by defendant of the right to appeal in appeal No. 1 encompasses his challenge to the court's suppression ruling in that appeal (see People v Kemp, 94 NY2d 831, 833; People v Dean, 48 AD3d 1244, lv denied 10 NY3d 839), and there is no merit to defendant's remaining contention with respect to appeal No. 2 (see generally People v Fuggazzatto, 62 NY2d 862).

Entered: July 2, 2009 Patricia L. Morgan

Clerk of the Court

20090702

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