Opinion
17076 SCI No. 2165/16 Case No. 2018–5391
01-12-2023
The PEOPLE of the State of New York, Respondent, v. Juan RIVERA, Defendant–Appellant.
Twyla Carter, The Legal Aid Society, New York (Rebecca D. Martin of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (T. Charles Won of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Rebecca D. Martin of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (T. Charles Won of counsel), for respondent.
Manzanet–Daniels, J.P., Kapnick, Singh, Mendez, Rodriguez, JJ.
Judgment, Supreme Court, Bronx County (Shari R. Michels, J.), rendered September 13, 2016, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of six years, unanimously affirmed.
Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. ––––, 140 S. Ct. 2634, 206 L.Ed.2d 512 [2020] ; People v. Bryant, 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 [2016] ). The combination of the court's oral colloquy with defendant and the detailed written waiver that he signed after consultation with counsel satisfied the requirements of a valid waiver. This waiver forecloses review of defendant's excessive sentence claim and his challenge to the issuance of an order of protection (see People v. Gonzalez, 178 A.D.3d 440, 111 N.Y.S.3d 171 [1st Dept. 2019], lv denied 35 N.Y.3d 941, 124 N.Y.S.3d 292, 147 N.E.3d 562 [2020] ).
Regardless of whether defendant made a valid waiver of his right to appeal, he failed to preserve his challenge to the order of protection (see People v. Nieves, 2 N.Y.3d 310, 315–317, 778 N.Y.S.2d 751, 811 N.E.2d 13 [2004] ), despite opportunities to do so at the plea and sentencing proceedings, and we decline to review his claim in the interest of justice. We also perceive no basis for reducing the sentence.