People v. Kemp

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The day after denial of his motion to suppress physical evidence, defendant pleaded guilty to attempted criminal sale of a controlled substance in the third degree (Penal Law §§ 110.00, 220.39 [1]). As a condition to the People’s agreement to the plea and the court’s acceptance of it, and in exchange for a promised sentence of four to eight years imprisonment, defendant waived his right to appeal the conviction and sentence. He allocuted accordingly at his plea before the court. Nevertheless, defendant…