People v Jones
2007 NY Slip Op 03510 [39 AD3d 1268]
April 20, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 6, 2007


The People of the State of New York, Respondent, v Tommie L. Jones, Jr., Appellant.

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Timothy P. Murphy of counsel), for defendant-appellant.

Frank J. Clark, District Attorney, Buffalo (Steven Meyer of counsel), for respondent. Appeal from a judgment of the Supreme Court, Erie County (Russell P. Buscaglia, A.J.), rendered June 25, 2003. The judgment convicted defendant, upon his plea of guilty, of robbery in the second 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 robbery in the second degree (Penal Law § 160.10 [1]). Defendant knowingly, voluntarily and intelligently waived his right to appeal, and the waiver of the right to appeal encompasses his challenge to Supreme Court's suppression ruling (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Boose, 38 AD3d 1259 [2007]). Present—Scudder, P.J., Hurlbutt, Green and Pine, JJ.