Majority
p. 754The People of the State of New York, Respondent, v Frederick Ray, Appellant. [762 NYS2d 558]
Appeal from a judg
p. 755
ment of Erie County Court (Pietruszka, J.), entered March 5, 2001, convicting defendant upon his plea of guilty of murder in the second degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Contrary to the contention of defendant, the record establishes that his waiver of the right to appeal was knowing, intelligent and voluntary (see People v Moissett, 76 NY2d 909 , 910-911 [1990]; cf. People v Brown, 296 AD2d 860 [2002], lv denied 98 NY2d 767 [2002]), and that waiver encompasses his contentions with respect to County Court’s suppression ruling (see People v Kemp, 94 NY2d 831 , 833 [1999]) and the severity of the sentence (see People v Hidalgo, 91 NY2d 733 , 737 [1998]). Present — Pigott, Jr., P.J., Pine, Scudder, Kehoe and Gorski, JJ.
Cases cited
- People v. Moissett 76 NY2d 909 at 910-911 p. 755
- People v. Kemp 94 NY2d 831 at 833 p. 755
- People v. Hidalgo 91 NY2d 733 at 737 p. 755