People v. Rivera, 2015–03745

• Decision Date: 18 July 2018
• Docket Number: Ind.No. 603/14,2015–03745
• Parties: The PEOPLE, etc., respondent, v. Eduardo RIVERA, appellant.
• Court: New York Supreme Court — Appellate Division

163 A.D.3d 852

77 N.Y.S.3d 305 (Mem)

The PEOPLE, etc., respondent,

v.Eduardo RIVERA, appellant.

2015–03745

Ind.No. 603/14

Supreme Court, Appellate Division, Second Department, New York.

Argued—April 6, 2018

July 18, 2018

Paul Skip Laisure, New York, N.Y. (Leila Hull of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, William H. Branigan, and Amy E. Markel of counsel), for respondent.

CHERYL E. CHAMBERS, J.P., JEFFREY A. COHEN, COLLEEN D. DUFFY, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Stephen A. Knopf, J.), rendered March 12, 2015, convicting him of robbery in the second degree (six counts), upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The record demonstrates that the defendant's written and oral waivers of his right to appeal were knowingly, voluntarily, and intelligently made (see People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Ortiz, 49 A.D.3d 279, 854 N.Y.S.2d 2 ). The defendant's valid waiver forecloses appellate review of the denial of that branch of his omnibus motion which was to suppress his statements made to law enforcement officials, the denial of his motion to controvert a search warrant and suppress the physical evidence recovered (see People v. Kemp, 94 N.Y.2d 831, 703 N.Y.S.2d 59, 724 N.E.2d 754 ; People v. Morales, 53 A.D.3d 630, 860 N.Y.S.2d 750 ; People v. Cardona, 51 A.D.3d 941, 856 N.Y.S.2d 888 ), and his excessive sentence claim (see People v. Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Reader, 155 A.D.3d 976, 63 N.Y.S.3d 900 ).

CHAMBERS, J.P., COHEN, DUFFY and CONNOLLY, JJ., concur.