People v. Aiken

Appellate Division of the Supreme Court of New York

People v. Aiken

73 A.D.3d 1450, 905 N.Y.S.2d 531

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 7, 2010

StatusPublished

Cited by1 cases

This text of 73 A.D.3d 1450 (People v. Aiken) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Aiken, 73 A.D.3d 1450, 905 N.Y.S.2d 531 (N.Y. Ct. App. 2010).

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Opinion

Appeal from a judgment of the Erie County Court (Thomas P Amodeo, A.J.), rendered June 17, 2008. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, as a class E felony.

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [former (i)]). The record establishes that defendant knowingly, intelligently, and voluntarily waived his right to appeal (see People v Lopez, 6 NY3d 248, 256 [2006]), and that valid waiver encompasses his challenge to County Court’s suppression ruling (see People v Kemp, 94 NY2d 831, 833 [1999]). Present—Scudder, P.J., Martoche, Lindley, Green and Gorski, JJ.

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Appeal from a judgment of the Erie County Court (Thomas P Amodeo, A.J.), rendered June 17, 2008. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, as a class E felony.

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [former (i)]). The record establishes that defendant knowingly, intelligently, and voluntarily waived his right to appeal (see People v Lopez, 6 NY3d 248, 256 [2006]), and that valid waiver encompasses his challenge to County Court’s suppression ruling (see People v Kemp, 94 NY2d 831, 833 [1999]). Present—Scudder, P.J., Martoche, Lindley, Green and Gorski, JJ.

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73 A.D.3d 1450, 905 N.Y.S.2d 531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-aiken-nyappdiv-2010.

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