| People v Boose |
| 2007 NY Slip Op 02240 [38 AD3d 1259] |
| March 16, 2007 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Aaron Boose, Appellant. |
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Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of counsel), for respondent.
Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered January 23, 2006. 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 be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of attempted criminal possession of a controlled substance in the fourth degree (Penal Law §§ 110.00, 220.09 [1]). Contrary to the contention of defendant, his general waiver of the right to appeal encompasses his challenge to County Court's suppression ruling (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Martinez-Diaz, 30 AD3d 1104 [2006], lv denied 7 NY3d 814 [2006]). Present—Hurlbutt, J.P., Martoche, Smith, Fahey and Green, JJ.