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People v. Rivera

Supreme Court of New York, Second Department

October 16, 2013

The People of the State of New York, respondent,
v.
Angel Rivera, also known as Angelo Rivera, appellant. Index No. 11-00184

Neal D. Futerfas, White Plains, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Middletown, N.Y. (Lauren E. Grasso and Andrew R. Kass of counsel), for respondent.

DANIEL D. ANGIOLILLO, J.P., L. PRISCILLA HALL, SHERI S. ROMAN, JEFFREY A. COHEN, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered November 10, 2011, convicting him of sexual abuse in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, his plea of guilty was entered voluntarily, knowingly, and intelligently (see People v Fiumefreddo, 82 N.Y.2d 536, 543; People v Lopez, 71 N.Y.2d 662, 666; People v Harris, 61 N.Y.2d 9, 17).

The defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v Bradshaw, 18 N.Y.3d 257; People v Lopez, 6 N.Y.3d 248, 255).

ANGIOLILLO, J.P., HALL, ROMAN and COHEN, JJ., concur.


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