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35 A.D.3d 769

People v. Smith

Appellate Division of the Supreme Court of the State of New York · decided 2006-12-19

Decided 2006-12-19

¶1Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered June 21, 2005, convicting him of criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.

¶2Ordered that the judgment is affirmed.

¶3The defendant validly waived his right to appeal (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Ciatto, 290 AD2d 560, 560-562 [2002]). His plea of guilty and waiver foreclose appellate review of his challenge to the denial of that branch of his motion which was to suppress physical evidence (see People v Wager, 34 AD3d 505 [2006]). Miller, J.P., Crane, Lifson and Dillon, JJ., concur.

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