| People v Rivera |
| 2015 NY Slip Op 01822 [126 AD3d 727] |
| March 4, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Gilberto Rivera, Appellant. |
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel),for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County(Cohen, J.), rendered August 9, 2012, convicting him of murder in the second degree,robbery in the first degree (two counts), criminal possession of a controlled substance inthe first degree (two counts), criminal possession of a controlled substance in the seconddegree, criminal possession of a controlled substance in the third degree (three counts),criminal possession of a controlled substance in the fourth degree (two counts), criminalpossession of marijuana in the third degree, criminal possession of a weapon in the thirddegree, and conspiracy in the second degree, upon his plea of guilty, and imposingsentence.
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 toappeal was effective (see Peoplev Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 254-255 [2006]; cf. People v Bradshaw, 18NY3d 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 caseprecludes his contention that the Supreme Court improvidently exercised its discretion inclosing the courtroom during the testimony of the undercover officer at the suppressionhearing (see People v Muniz, 91 NY2d 570, 575 [1998]).
The parties' remaining contentions have been rendered academic in light of ourdetermination. Dillon, J.P., Dickerson, Cohen and Barros, JJ., concur.