NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
November 12, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
JOSE RIVERA, DEFENDANT-APPELLANT.
Judgment, 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 11/2 to 3 years, unanimously affirmed.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Gonzalez, P.J., Andrias, Saxe, Renwick, Manzanet-Daniels, JJ.
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 ). Defendant also made a valid written waiver. As an alternative holding, we also reject defendant's suppression claim on the merits.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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