People v. Thompson — 152 A.D.2d 949

Majority

p. 949

The People of the State of New York, Respondent, v Chester Thompson, Jr., Appellant.

Judgment unanimously affirmed. Memorandum: As a condition to the acceptance of his plea, defendant knowingly and voluntarily waived his right to appeal from the court’s denial of his suppression motion (see, People v Williams, 36 NY2d 829 , cert denied 423 US 873 ; People v Smith, 142 AD2d 195 , affd 74 NY2d 1 ; People v Seaberg, 139 AD2d 53 , affd 74 NY2d 1 ; People v Durant, 101 AD2d 1008 ). Although defendant’s plea did not waive his

p. 950

jurisdictional claim (see, People v Case, 42 NY2d 98 , 99-100), that claim lacks merit because defendant possessed contraband in Niagara County (see, CPL 20.40 [1] [a]; People v Botta, 100 AD2d 311 , 313-315; People v Lowen, 100 AD2d 518 , 519). (Appeal from judgment of Niagara County Court, DiFlorio, J. —criminal possession of controlled substance, fourth degree.) Present — Dillon, P. J., Callahan, Green, Pine and Davis, JJ.

Cases cited

People v. Williams 36 NY2d 829 N.Y. 1975-05-01 p. 949
People v. Smith 142 AD2d 195 N.Y. App. Div. 1988-12-05 p. 949
People v. Seaberg 74 NY2d 1 N.Y. 1989-06-15 p. 949
People v. Seaberg 139 AD2d 53 N.Y. App. Div. 1988-07-11 p. 949
People v. Case 42 NY2d 98 N.Y. 1977-06-16 at 99-100 p. 950
People v. Botta 100 AD2d 311 N.Y. App. Div. 1984-04-02 at 313-315 p. 950