People v. Kemp, 724 N.E.2d 754 (NY 1999). · Go Syfert
People v. Kemp, 724 N.E.2d 754 (NY 1999). Cases Citing This Book View Copy Cite
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601 citation events (573 in the last 25 years) across 6 distinct courts.
Strongest positive: Watson v. State (alacrimapp, 2001-08-10)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (quoted) Watson v. State (2×)
Ala. Crim. App. · 2001 · quote attribution · 2 verbatim quotes · confidence low
a defendant may waive the right to appeal as part of a bargained-for plea agreement.
discussed Cited as authority (rule) People v. Damon
N.Y. App. Div. · 2026 · confidence medium
Defendant's valid appeal waiver thus precludes his challenges to the denial of his suppression motion ( see People v Thomas , 34 NY3d 545 , 564-565 [2019]; People v Kemp , 94 NY2d 831, 833 [1999]; People v Gentry , 223 AD3d 1050, 1051 [3d Dept 2024], lv denied 41 NY3d 1002 [2024]), the severity of his sentence ( see People v Lesson , 241 AD3d 1051 , 1055 [3d Dept 2025], lv denied 44 NY3d 1028 [2025]; People v Rowe , 239 AD3d 1202 , 1202 [3d Dept 2025], lv denied 44 NY3d 984 [2025]), as well as his pro se claim that he was denied his statutory right to a speedy trial ( see People v Lewis , 234 …
discussed Cited as authority (rule) People v. DeWolf
N.Y. App. Div. · 2026 · confidence medium
Defendant's valid waiver of the right to appeal precludes our review of his contention that the court erred in refusing to suppress defendant's statements to a law enforcement officer ( see People v Kemp , 94 NY2d 831, 833 [1999]; People v Duzant , 15 AD3d 860, 861 [4th Dept 2005], lv denied 5 NY3d 761 [2005]) and his challenge to the severity of the sentence ( see People v Lopez , 6 NY3d 248, 255-256 [2006]; Burch , 234 AD3d at 1247).
discussed Cited as authority (rule) People v. Fox
N.Y. App. Div. · 2025 · confidence medium
Although defendant's challenge to the suppression ruling survives his guilty plea and is not precluded by an appeal waiver ( see CPL 710.70 [2]; People v Kemp , 94 NY2d 831, 833 [1999]; People v Fernandez , 67 NY2d 686, 688 [1986]), it is unavailing.
examined Cited as authority (rule) People v. Johnson (4×)
NY · 2025 · confidence medium
Those include the right to appeal Fourth Amendment suppression rulings ( see People v Kemp , 94 NY2d 831, 833 [1999]), Fifth Amendment suppression rulings ( People v Thomas , 34 NY3d 545, 553-554 [2019]), and double jeopardy claims ( see People v Allen , 86 NY2d 599, 603 [1995]).
discussed Cited as authority (rule) People v. Thomas (2×)
N.Y. App. Div. · 2025 · confidence medium
We conclude that defendant's waiver of the right to appeal forecloses our review of his challenge to the court's adverse suppression ruling ( see Thomas , 34 NY3d at 564-565; People v Sanders , 25 NY3d 337, 342 [2015]; People v Kemp , 94 NY2d 831, 833 [1999]; Rohadfox , 175 AD3d at 1814).
cited Cited as authority (rule) Pace v. Miller
N.D.N.Y. · 2024 · confidence medium
Persaud, 2019 WL 2743588 , at *8 (citing People v. Kemp, 94 N.Y.2d 831 833 (1999)).
discussed Cited as authority (rule) People v. Johnson
N.Y. App. Div. · 2024 · confidence medium
Defendant's valid waiver of the right to appeal also encompasses his challenges to the court's suppression ruling ( see People v Sanders , 25 NY3d 337, 342 [2015]; People v Kemp , 94 NY2d 831, 833 [1999]; Giles , 219 AD3d at 1707 ) and to the severity of his sentence ( see People v Lopez , 6 NY3d 248, 255-256 [2006]).
discussed Cited as authority (rule) People v. Giles
N.Y. App. Div. · 2023 · confidence medium
Defendant's valid waiver of the right to appeal also encompasses his challenges to the court's suppression ruling ( see People v Sanders , 25 NY3d 337, 342 [2015]; People v Kemp , 94 NY2d 831, 833 [1999]) and to the severity of his sentence ( see Lopez , 6 NY3d at 255-256 ).
discussed Cited as authority (rule) People v. McCracken
N.Y. App. Div. · 2023 · confidence medium
Inasmuch as the waiver of the right to appeal is invalid, we address defendant's contention that the court erred in refusing to hold a hearing to address a suppression issue ( see generally People v Kemp , 94 NY2d 831, 833 [1999]).
discussed Cited as authority (rule) People v. Graham
N.Y. App. Div. · 2023 · confidence medium
Defendant's valid waiver of his right to appeal forecloses appellate review of his challenges to the severity of the sentence ( see People v Lopez , 6 NY3d 248, 255 [2006]) and to Supreme Court's suppression ruling ( see People v Kemp , 94 NY2d 831, 833 [1999]).
discussed Cited as authority (rule) People v. Daniels
N.Y. App. Div. · 2021 · confidence medium
The oral colloquy, taken together with a detailed written waiver, sufficiently explained that the waiver was comprehensive ( see People v Kemp , 94 NY2d 831, 833 [1999]), and the explanation was not misleading.
discussed Cited as authority (rule) People v. Daniels
N.Y. App. Div. · 2021 · confidence medium
The oral colloquy, taken together with a detailed written waiver, sufficiently explained that the waiver was comprehensive ( see People v Kemp , 94 NY2d 831, 833 [1999]), and the explanation was not misleading.
discussed Cited as authority (rule) People v. McClinton
N.Y. App. Div. · 2021 · confidence medium
The court was not required to warn defendant that he was waiving his right to challenge the suppression ruling in particular ( see People v Kemp , 94 NY2d 831, 833 [1999]); in any event, this was specified in the written waiver that defendant signed in consultation with counsel.
discussed Cited as authority (rule) People v. McClinton
N.Y. App. Div. · 2021 · confidence medium
The court was not required to warn defendant that he was waiving his right to challenge the suppression ruling in particular ( see People v Kemp , 94 NY2d 831, 833 [1999]); in any event, this was specified in the written waiver that defendant signed in consultation with counsel.
discussed Cited as authority (rule) People v. Keene
N.Y. App. Div. · 2021 · confidence medium
Accordingly, given the validity of his appeal waiver, defendant is foreclosed from challenging the denial of his suppression motion ( see People v Sanders , 25 NY3d 337, 342 [2015]; People v Kemp , 94 NY2d 831, 833 [1999]; People v Danielson , 170 AD3d 1430 , 1431 [2019], lv denied 33 NY3d 1030 [2019], cert denied ___ US ___, 140 S Ct 486 [2019]; People v Saunders , 162 AD3d 1217 , 1218 [2018], lv denied 32 NY3d 1128 [2018]).
cited Cited as authority (rule) People v. Acosta
N.Y. App. Div. · 2020 · confidence medium
The waiver was comprehensive and intended to encompass all waivable issues ( see People v Kemp , 94 NY2d 831, 833 [1999]).
cited Cited as authority (rule) People v. Acosta
N.Y. App. Div. · 2020 · confidence medium
The waiver was comprehensive and intended to encompass all waivable issues ( see People v Kemp , 94 NY2d 831, 833 [1999]).
discussed Cited as authority (rule) People v. Hayes
N.Y. App. Div. · 2020 · confidence medium
The court's initial explanation of the waiver of appeal and the written waivers suggested that defendant's waiver was intended to cover all waivable aspects of the conviction arising from both the 2015 and 2016 indictments ( see People v Kemp , 94 NY2d 831, 833 [1999]; see also People v Sampson , 156 AD3d 1484, 1484 [4th Dept 2017], lv denied 31 NY3d 1017 [2018]).
cited Cited as authority (rule) People v. Person
N.Y. App. Div. · 2020 · confidence medium
Furthermore, the waiver was comprehensive and intended to encompass all waivable issues ( see People v Kemp , 94 NY2d 831, 833 [1999]).
discussed Cited as authority (rule) People v. Gray
N.Y. App. Div. · 2020 · confidence medium
Because defendant's waiver of the right to appeal was "manifestly intended" to cover all waivable aspects of the case, his challenge to the court's suppression ruling is precluded ( People v Kemp , 94 NY2d 831, 833 [1999]; see People v Sampson , 156 AD3d 1484, 1484 [4th Dept 2017], lv denied 31 NY3d 1017 [2018]; People v Payne , 148 AD3d 1226, 1227 [3d Dept 2017], lv denied 29 NY3d 1084 [2017]).
discussed Cited as authority (rule) People v. Martin
N.Y. App. Div. · 2020 · confidence medium
The valid waiver of the right to appeal encompasses defendant's challenges to the court's suppression ruling ( see People v Kemp , 94 NY2d 831, 833 [1999]; People v Rohadfox , 175 AD3d 1813 , 1814 [4th Dept 2019], lv denied 34 NY3d 1019 [2019]; People v Beardsley , 173 AD3d 1722, 1723 [4th Dept 2019], lv denied 34 NY3d 928 [2019]).
discussed Cited as authority (rule) People v. Thomas
N.Y. App. Div. · 2019 · confidence medium
Contrary to defendant's further contention, his valid waiver of the right to appeal encompasses his challenges to the suppression ruling ( see People v Kemp , 94 NY2d 831, 833 [1999]; People v Wright , 158 AD3d 1068 , 1069 [4th Dept 2018], lv denied 31 NY3d 1019 [2018]), and to the severity of the sentence ( see People v Lopez , 6 NY3d 248, 255-256 [2006]; Scheifla , 166 AD3d at 1532).
discussed Cited as authority (rule) The People v. Victor Thomas , The People v. Nicole L. Green , The People v. Storm U. Lang
NY · 2019 · confidence medium
In People v Kemp ( 94 NY2d 831, 833 [1999]), we held that the defendant’s waiver of the right to appeal, entered one day after denial of his suppression motion, was “knowingly, voluntarily and intelligently made, with the advice of counsel,” and was “comprehensive[],” as it “was manifestly intended to cover all aspects of the case.” Similarly, Thomas, fully counseled, voluntarily pled guilty one day after denial of his suppression motion, to take advantage of a soon-to-expire pretrial reduced plea bargain offer – the same one offered before the suppression hearing was held.
discussed Cited as authority (rule) People v. Babagana
N.Y. App. Div. · 2019 · confidence medium
Supreme Court was " not required to engage in any particular litany' in order to obtain a valid waiver of the right to appeal" ( People v Tantao , 41 AD3d 1274, 1275 [4th Dept 2007], quoting People v Moissett , 76 NY2d 909, 910 [1990]), and the waiver "is not invalid on the ground that the court did not specifically inform defendant that his general waiver of the right to appeal encompassed the court's suppression ruling[]" ( id. , citing People v Kemp , 94 NY2d 831, 833 [1999]).
cited Cited as authority (rule) Benson v. Graham
E.D.N.Y · 2019 · confidence medium
People v. Kemp, 94 N.Y.2d 831, 833 (1999).
discussed Cited as authority (rule) People v. Rohadfox
N.Y. App. Div. · 2019 · confidence medium
We conclude that the valid waiver of the right to appeal forecloses our review of defendant's challenge to the court's adverse suppression ruling ( see Sanders , 25 NY3d at 342 ; People v Kemp , 94 NY2d 831, 833 [1999]).
discussed Cited as authority (rule) People v. Hardy
N.Y. App. Div. · 2019 · confidence medium
Defendant's further contention that the court erred in refusing to suppress his statement to the police is likewise foreclosed by his valid appeal waiver ( see People v Kemp , 94 NY2d 831, 833 [1999]; People v Lindsay , 162 AD3d 1647 , 1648 [4th Dept 2018], lv denied 32 NY3d 939 [2018]).
discussed Cited as authority (rule) People v. Feurtado
N.Y. App. Div. · 2019 · confidence medium
Further, the record reflects that an appeal waiver was a condition of the plea agreement, [County C]ourt explained its separate and distinct nature and defendant indicated that he understood and agreed to it" ( People v Johnson , 153 AD3d 1031, 1032 [2017] [internal citations omitted], lv denied 30 NY3d 980 [2017], quoting People v Kemp , 94 NY2d 831, 833 [1999]; see People v Zippo , 136 AD3d 1222, 1222 [2016], lv denied 27 NY3d 1141 [2016]).
discussed Cited as authority (rule) People v. Graham
N.Y. App. Div. · 2019 · confidence medium
Defendant's valid waiver of the right to appeal forecloses our review of his challenges in his main and pro se supplemental briefs to the court's adverse suppression rulings in appeal No. 1 ( see Sanders , 25 NY3d at 342 ; People v Kemp , 94 NY2d 831, 833 [1999]; People v Kates , 162 AD3d 1627 , 1628 [4th Dept 2018], lv denied 32 NY3d 1065 [2018], reconsideration denied 32 NY3d 1173 [2019]).
discussed Cited as authority (rule) People v. Francisco
N.Y. App. Div. · 2019 · confidence medium
Defendant then executed a written waiver of appeal that correctly informed him that, by waiving his right to appeal as a condition of his plea, he would be foregoing the right to have the suppression decision reviewed ( see People v Kemp , 94 NY2d 831, 833 [1999]).
discussed Cited as authority (rule) People v. Bellamy
N.Y. App. Div. · 2019 · confidence medium
County Court "conducted an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice" ( People v Burtes , 151 AD3d 1806, 1806 [4th Dept 2017], lv denied 30 NY3d 978 [2017] [internal quotation marks omitted]), and defendant's valid waiver of the right to appeal encompasses his challenge to the court's suppression ruling ( see People v Kemp , 94 NY2d 831, 833 [1999]; People v Braxton , 129 AD3d 1674, 1675 [4th Dept 2015], lv denied 26 NY3d 965 [2015]).
discussed Cited as authority (rule) People v. Truitt
N.Y. App. Div. · 2019 · confidence medium
Similarly, defendant's further contention that the court erred in refusing to suppress her statement to the police does not survive her valid waiver of the right to appeal ( see People v Kemp , 94 NY2d 831, 833 [1999]; People v Lynn , 144 AD3d 1491 , 1492 [4th Dept 2016], lv denied 28 NY3d 1186 [2017]).
discussed Cited as authority (rule) People v. Dix
N.Y. App. Div. · 2019 · confidence medium
The valid waiver of the right to appeal forecloses our review of that contention ( see People v Sanders , 25 NY3d 337, 342 [2015]; People v Kemp , 94 NY2d 831, 833 [1999]; People v Gessner , 155 AD3d 1668, 1669 [4th Dept 2017]).
discussed Cited as authority (rule) People v. Dorsey
N.Y. App. Div. · 2019 · confidence medium
Defendant's unchallenged appeal waiver precludes his challenges to the factual sufficiency of his plea ( see People v Welden , 156 AD3d 1241, 1241 [2017]; People v Robinson , 155 AD3d 1252, 1253 [2017], lv denied 30 NY3d 1119 [2018]) and to Supreme Court's adverse suppression ruling ( see People v Sanders , 25 NY3d 337, 348 [2015]; People v Kemp , 94 NY2d 831, 833 [1999]; People v Zippo , 136 AD3d 1222, 1222 [2016], lv denied 27 NY3d 1141 [2016]).
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2018 · confidence medium
The valid appeal waiver precludes defendant's challenges to the denial of his suppression motion ( see People v Sanders , 25 NY3d at 342 ; People v Kemp , 94 NY2d 831, 833 [1999]) and the severity [*2]of his sentence ( see People v Lopez , 6 NY3d 248, 257 [2006]; People v Dobbs , 157 AD3d 1122 , 1123 [2018], lv denied 31 NY3d 983 [2018]).
cited Cited as authority (rule) People v. Lindsay
N.Y. App. Div. · 2018 · confidence medium
Defendant's valid waiver of his right to appeal forecloses his challenge to the court's suppression ruling ( see People v Kemp , 94 NY2d 831, 833 [1999]).
discussed Cited as authority (rule) People v. Kates
N.Y. App. Div. · 2018 · confidence medium
We conclude that the valid waiver of the right to appeal forecloses our review of defendant's challenges in his main brief to County Court's adverse suppression ruling ( see People v Sanders , 25 NY3d 337, 342 [2015]; People v Kemp , 94 NY2d 831, 833 [1999]).
discussed Cited as authority (rule) People v. Saunders
N.Y. App. Div. · 2018 · confidence medium
"A defendant may waive the right to appeal," including the issue of an adverse suppression ruling, "as part of a bargained-for plea agreement" ( People v Kemp , 94 NY2d 831, 833 [1999]), "notwithstanding the statutory provision allowing an appeal of such ruling following entry of a guilty plea" ( id. , citing CPL 710.20 [2]).
discussed Cited as authority (rule) People v. Miller
N.Y. App. Div. · 2018 · confidence medium
The valid waiver of the right to appeal encompasses defendant's challenges in his main and pro se supplemental briefs to the court's suppression ruling ( see People v Sanders , 25 NY3d 337, 342 [2015]; People v Kemp , 94 NY2d 831, 833 [1999]), and his challenge in his main brief to the severity of the sentence ( see Lopez , 6 NY3d at 255 ).
discussed Cited as authority (rule) People v. Owens
N.Y. App. Div. · 2018 · confidence medium
Defendant's valid waiver of the right to appeal forecloses his challenge to the court's suppression rulings ( see People v Kemp , 94 NY2d 831, 833 [1999]), and we note in any event that defendant withdrew his suppression motion before he pleaded guilty.
discussed Cited as authority (rule) People v. Moore
N.Y. App. Div. · 2018 · confidence medium
The valid waiver of the right to appeal encompasses defendant's challenge to the court's suppression ruling ( see People v Kemp , 94 NY2d 831, 833 [1999]; People v Garner , 52 AD3d 1265, 1266 [4th Dept 2008], lv denied 11 NY3d 736 [2008]).
examined Cited as authority (rule) Jimerson v. State of New York (3×) also: Cited "see"
N.Y. App. Div. · 2018 · confidence medium
The valid waiver of the right to appeal encompasses defendant's challenge to the court's suppression ruling (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Garner, 52 AD3d 1265, 1266 [4th Dept 2008], lv denied 11 NY3d 736 [2008]).
discussed Cited as authority (rule) People v. Thomas
N.Y. App. Div. · 2018 · confidence medium
Defendant's valid waiver of the right to appeal forecloses his suppression claim ( see People v Kemp , 94 NY2d 831, 833 [1999]; People v Scott , 144 AD3d 1597 , 1597-1598 [4th Dept 2016], lv denied 28 NY3d 1150 [2017]; People v Verse , 61 AD3d 1409, 1409 [4th Dept 2009], lv denied 12 NY3d 930 [2009]).
discussed Cited as authority (rule) People v. Wright (2×) also: Cited "see"
N.Y. App. Div. · 2018 · confidence medium
Furthermore, the record establishes that defendant's "plea and waiver of his right to appeal were knowingly, voluntarily and intelligently made, with the advice of counsel, and the waiver was manifestly intended to cover all aspects of the case" ( People v Kemp , 94 NY2d 831, 833 [1999]).
discussed Cited as authority (rule) People v. Milton
N.Y. App. Div. · 2017 · confidence medium
The valid waiver encompasses defendant’s challenge to the court’s suppression ruling (see People v Sanders, 25 NY3d 337, 342 [2015]; People v Kemp, 94 NY2d 831, 833 [1999]), and her challenge to the severity of the sentence (see People v Lopez, 6 NY3d 248, 255-256 [2006]; People v Carr, 147 AD3d 1506, 1506 [4th Dept 2017], lv denied 29 NY3d 1030 [2017]).
discussed Cited as authority (rule) People v. James
N.Y. App. Div. · 2017 · confidence medium
To that end, defendant’s valid appeal waiver forecloses his challenge to County Court’s adverse suppression ruling (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Stone, 105 AD3d 1094, 1094 [2013]).
discussed Cited as authority (rule) People v. White
N.Y. App. Div. · 2017 · confidence medium
Given defendant’s valid appeal waiver, his challenge to County Court’s adverse suppression decision and the denial of a hearing is precluded (see People v Sanders, 25 NY3d at 342 ; People v Kemp, 94 NY2d 831, 833 [1999]; People v Payne, 148 AD3d 1226, 1227 [2017], lv denied 29 NY3d 1084 [2017]).
discussed Cited as authority (rule) People v. Walters
N.Y. App. Div. · 2017 · confidence medium
In both appeals, defendant’s valid waiver of the right to appeal encompasses his contention that County Court erred in refusing to suppress his statements to police (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Lynn, 144 AD3d 1491 , 1492 [2016], lv denied 28 NY3d 1186 [2017]; People v Rosado, 26 AD3d 891, 892 [2006], lv denied 6 NY3d 838 [2006]), as well as his contention that the sentence is unduly harsh and severe (see People v Lopez, 6 NY3d 248, 255-256 [2006]; People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Morales, 148 AD3d 1638, 1639 [2017], lv denied 29 NY3d 1083 [2017]).
discussed Cited as authority (rule) People v. Saraceni
N.Y. App. Div. · 2017 · confidence medium
Contrary to defend *1560 ant’s contention, the court was not required to explain that the waiver of the right to appeal would specifically encompass the court’s discretionary determination on youthful offender status (see generally People v Kemp, 94 NY2d 831, 833 [1999]).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Melvin Kemp, Appellant
New York Court of Appeals.
Dec 2, 1999.
724 N.E.2d 754
APPEARANCES OF COUNSEL, Paul Wiener, New York City, and M. Sue Wycoff for appellant., Robert M. Morgenthau, District Attorney of New York County, New York City (Mathew Kleiner and Tami J. Aisenson of counsel), for respondent.
Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt Concur.
Cited by 541 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 72%
Citer courts: Court of Criminal Appeals of A… (2)

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 appealed, challenging the denial of suppression of evidence. Declining to address the merits of defendant’s as[*833] sertions, a unanimous Appellate Division affirmed, holding that defendant’s waiver of his right to appeal encompassed his effort to have the suppression ruling reviewed.

At issue is whether a defendant’s general waiver of the right to appeal, as part of a negotiated plea agreement, encompasses an attempted appeal concerning an adverse suppression ruling, notwithstanding the statutory provision authorizing an appeal of such ruling following entry of a guilty plea (CPL 710.70 [2]). We hold that, in this case, defendant’s waiver of his right to appeal encompassed the suppression ruling.

A defendant may waive the right to appeal as part of a bargained-for plea agreement (see, People v Hidalgo, 91 NY2d 733; People v Muniz, 91 NY2d 570). “[W]here the plea allocution demonstrates a knowing, voluntary and intelligent waiver of the right to appeal, intended comprehensively to cover all aspects of the case, and no constitutional or statutory mandate or public policy concern prohibits its acceptance, the waiver will be upheld completely” (People v Muniz, 91 NY2d, supra, at 575). Moreover, “trial courts are not required to engage in any particular litany during an allocution in order to obtain a valid guilty plea in which defendant waives a plethora of rights” (People v Moissett, 76 NY2d 909, 910-911).

In People v Williams (36 NY2d 829, cert denied 423 US 873), this Court upheld, as a bargained-for condition to a guilty plea, defendant’s waiver of his right to appeal from the denial of suppression. There, after finding the defendant’s guilty plea and waiver to have been knowingly and voluntarily made, we rejected the argument that, “as a matter of law under CPL 710.70 (subd 2) there can be no waiver of a defendant’s right to appeal from a preconviction denial of a motion for suppression” (id., at 830). Defendant proposes to distinguish Williams on the ground that the defendant there was specifically told by the prosecutor that his waiver would include “his right to appeal on the suppression issue” (id.). While the specificity of Williams is the better practice, no “particular litany” is required by the trial court to encompass the suppression ruling (People v Moissett, 76 NY2d, supra, at 910). To the extent that People v Bray (154 AD2d 692, Iv denied 75 NY2d 767) holds otherwise, it should not be followed.

Here, defendant pleaded guilty one day after denial of his suppression motion. His plea and waiver of his right to appeal were knowingly, voluntarily and intelligently made, with the advice of counsel, and the waiver was manifestly intended to cover all aspects of the case.

[*834] Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

Order affirmed in a memorandum.