People v Eimers

People v Eimers 2009 NY Slip Op 05569 [63 AD3d 1177] June 30, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 5, 2009

The People of the State of New York, Respondent,
v
Eugene Eimers, Appellant.

—[*1] Stephen N. Preziosi, P.C., Smithtown, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (R. Doyle, J.), rendered September 5, 2006, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's valid and comprehensive waiver of his right to appeal forecloses appellate review of his contention regarding the hearing court's suppression determination (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Perry, 60 AD3d 974 [2009], lv denied 12 NY3d 857 [2009]; People v Russell, 60 AD3d 706 [2009]). Spolzino, J.P., Santucci, Florio and Lott, JJ., concur.