People v. Rivera

Decision Date04 March 2015
Citation2 N.Y.S.3d 376 (Mem),2015 N.Y. Slip Op. 01822,126 A.D.3d 727
PartiesThe PEOPLE, etc., respondent, v. Gilberto RIVERA, appellant.
CourtNew York Supreme Court — Appellate Division

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Cohen, J.), rendered August 9, 2012, convicting him of murder in the second degree, robbery in the first degree (two counts), criminal possession of a controlled substance in the first degree (two counts), criminal possession of a controlled substance in the second degree, criminal possession of a controlled substance in the third degree (three counts), criminal possession of a controlled substance in the fourth degree (two counts), criminal possession of marijuana in the third degree, criminal possession of a weapon in the third degree, and conspiracy in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the colloquy during the plea proceeding, coupled with his written appeal waiver, demonstrates that his waiver of the right to appeal was effective (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, 254–255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; cf. People v. Bradshaw, 18 N.Y.3d 257, 265–266, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; cf. People v. Reyes, 116 A.D.3d 798, 982 N.Y.S.2d 907 ). His knowing, voluntary, and intelligent waiver of his right to appellate review of all aspects of his case precludes his contention that the Supreme Court improvidently exercised its discretion in closing the courtroom during the testimony of the undercover officer at the suppression hearing (see People v. Muniz, 91 N.Y.2d 570, 575, 673 N.Y.S.2d 358, 696 N.E.2d 182 ).

The parties' remaining contentions have been rendered academic in light of our determination.

DILLON, J.P., DICKERSON, COHEN and BARROS, JJ., concur.

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