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People v. RiveraPeople v. Rivera

Appellate Division of the Supreme Court of the State of New York
Mar 4, 2015
2012-08322
Versions:126 A.D.3d 727
2 N.Y.S.3d 376
2015 NY Slip Op 01822
2015 N.Y. App. Div. LEXIS 1808

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 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 254-255 [2006]; cf. People v Bradshaw, 18 NY3d 257, 265-266 [2011]; cf. People v Reyes, 116 AD3d 798 [2014]). 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 NY2d 570, 575 [1998]).

The parties’ remaining contentions have been rendered academic in light of our determination. Dillon, J.P., Dickerson, Cohen and Barros, JJ., concur.

Case Details

Case Name: People v. Rivera
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 4, 2015
Citations: 126 A.D.3d 727; 2 N.Y.S.3d 376; 2015 NY Slip Op 01822; 2015 N.Y. App. Div. LEXIS 1808; 2012-08322
Docket Number: 2012-08322
Court Abbreviation: N.Y. App. Div.
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