THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JUAN RIVERA DEFENDANT APPELLANT (2026)

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of manslaughter in the first degree (Penal Law § 125.20 [1]) and arson in the fourth degree (§ 150.05), defendant contends that his waiver of the right to appeal is invalid and that his sentence is unduly harsh and severe. We affirm. Defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Diaz, 242 AD3d 1624, 1624 [4th Dept 2025], lv denied 44 NY3d 1065 [2026]; see generally People v Thomas, 34 NY3d 545, 559-564 [2019], cert denied 589 US 1302 [2020]). We note at the outset that Supreme Court used the appropriate model colloquy with respect to the waiver of the right to appeal (see NY Model Colloquies, Waiver of Right to Appeal). We also reject defendant's specific contention that he did not validly waive his right to appeal inasmuch as he did not receive consideration for the waiver. To the contrary, the record establishes that defendant received consideration in exchange for the waiver inasmuch as the plea agreement resulted in defendant pleading guilty to reduced charges in full satisfaction of the multi-count indictment and that defendant also received a sentence promise (see People v Jackson, 247 AD3d 1625, 1627 [4th Dept 2026]; People v Campbell, 244 AD3d 1826, 1828-1829 [4th Dept 2025], lv denied — NY3d — [2026]; People v Allen, 174 AD3d 1456, 1456 [4th Dept 2019], lv denied 34 NY3d 978 [2019]). The valid waiver forecloses defendant's challenge to the severity of the sentence (see People v Lopez, 6 NY3d 248, 255 [2006]).

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court