People v. Rivera

67 A.D.3d 494, 887 N.Y.S.2d 843

Opinion

Judgement, Supreme Court, New York County (Renee A. White, J.), rendered July 11, 2007, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of lVa to 3 years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal. The court confirmed defendant’s understanding that he was waiving the rights automatically forfeited upon a guilty plea, and then confirmed that he understood he was separately waiving his right to appeal, including an appeal of the suppression issue (see People v Lopez, 6 NY3d 248, 256 [2006]). Defendant also made a valid written waiver. As an alternative holding, we also reject defendant’s suppression claim on the merits. Concur—Gonzalez, EJ., Andrias, Saxe, Renwick and Manzanet-Daniels, JJ.