People v King
2006 NY Slip Op 02026 [27 AD3d 1160]
March 17, 2006
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 17, 2006


The People of the State of New York, Respondent, v Derrick King, Appellant.

[*1]Appeal from a judgment of the Erie County Court (Shirley Troutman, J.), rendered February 5, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]). Contrary to the contention of defendant, the record establishes that he validly waived his right to appeal (see generally People v Callahan, 80 NY2d 273, 280 [1992]). Contrary to the further contention of defendant, that general waiver encompasses his present challenge to County Court's suppression ruling (see People v Kemp, 94 NY2d 831, 833 [1999]). Present—Pigott, Jr., P.J., Scudder, Gorski, Martoche and Green, JJ.