SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
May 7, 2010
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
ROBERT AIKEN, DEFENDANT-APPELLANT.
Appeal from a judgment of the Erie County Court (Thomas P. Amodeo, A.J.), rendered June 17, 2008. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, as a class E felony.
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.
PRESENT: SCUDDER, P.J., MARTOCHE, LINDLEY, GREEN, AND GORSKI, JJ.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Defendant appeals from a judgment convicting him upon his plea of guilty of felony driving while intoxicated (Vehicle and Traffic Law § 1192 ; § 1193  [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 NY2d 831, 833).
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