People v Juan Martinez-Diaz

People v Martinez-Diaz 2006 NY Slip Op 04694 [30 AD3d 1104] June 9, 2006 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 23, 2006

The People of the State of New York, Respondent, v Juan Martinez-Diaz, Appellant.

—[*1]Appeal from a judgment of the Supreme Court, Erie County (Ronald H. Tills, A.J.), rendered October 20, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree.

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

Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06 [5]), defendant contends that he did not validly waive his right to appeal. We reject that contention (see generally People v Callahan, 80 NY2d 273, 280 [1992]). Contrary to the further contention of defendant, his general waiver of the right to appeal encompasses his present challenge to Supreme Court's suppression ruling (see People v Kemp, 94 NY2d 831, 833 [1999]; People v King, 27 AD3d 1160 [2006]). Present—Gorski, J.P., Martoche, Green, Pine and Hayes, JJ.