People v. Boose

Appellate Division of the Supreme Court of New York

People v. Boose

38 A.D.3d 1259, 834 N.Y.S.2d 897

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

DecidedMarch 16, 2007

StatusPublished

Cited by1 cases

This text of 38 A.D.3d 1259 (People v. Boose) 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. Boose, 38 A.D.3d 1259, 834 N.Y.S.2d 897 (N.Y. Ct. App. 2007).

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Opinion

Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered January 23, 2006. The judgment convicted defendant, [1260]*1260upon his plea of guilty, of attempted criminal possession of a controlled substance in the fourth degree.

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

Memorandum:

Defendant appeals from a judgment convicting him upon a plea of guilty of attempted criminal possession of a controlled substance in the fourth degree (Penal Law §§ 110.00, 220.09 [1]). Contrary to the contention of defendant, his general waiver of the right to appeal encompasses his challenge to County Court’s suppression ruling (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Martinez-Diaz, 30 AD3d 1104 [2006], lv denied 7 NY3d 814 [2006]). Present—Hurlbutt, J.P, Martoche, Smith, Fahey and Green, JJ.

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Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered January 23, 2006. The judgment convicted defendant, [1260]*1260upon his plea of guilty, of attempted criminal possession of a controlled substance in the fourth degree.

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

Memorandum:

Defendant appeals from a judgment convicting him upon a plea of guilty of attempted criminal possession of a controlled substance in the fourth degree (Penal Law §§ 110.00, 220.09 [1]). Contrary to the contention of defendant, his general waiver of the right to appeal encompasses his challenge to County Court’s suppression ruling (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Martinez-Diaz, 30 AD3d 1104 [2006], lv denied 7 NY3d 814 [2006]). Present—Hurlbutt, J.P, Martoche, Smith, Fahey and Green, JJ.

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Bluebook (online)

38 A.D.3d 1259, 834 N.Y.S.2d 897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-boose-nyappdiv-2007.

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