| People v Rodriguez |
| 2016 NY Slip Op 01239 [136 AD3d 549] |
| February 18, 2016 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Luis Rodriguez, Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (Steven Berko ofcounsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), forrespondent.
Judgment, Supreme Court, New York County (Renee A. White, J., at hearing;Patricia Nunez, J., at plea and sentencing), rendered May 23, 2013, convicting defendantof robbery in the first degree, and sentencing him, as a second violent felony offender, toa term of 15 years, unanimously affirmed.
Even if there were any ambiguity in the sentencing court's colloquy, defendantexecuted a detailed written waiver and indicated his assent to the appeal waiver. Thus,defendant made a valid waiver of his right to appeal (People v Lopez, 6 NY3d 248, 256-257 [2006]), whichforecloses review of his suppression and excessive sentence claims.
Regardless of whether defendant made a valid waiver of his right to appeal, we findthat the court properly denied his suppression motion. The record fails to supportdefendant's claim that the voluntariness of his statement was affected by intoxication.Defendant's claim that a detective obtained the statement by means of misleadingremarks is unpreserved and we decline to review it in the interest of justice. As analternative holding, we reject it on the merits. We similarly reject defendant's excessivesentence claim. Concur—Renwick, J.P., Andrias, Saxe and Richter, JJ.