PEOPLE v. RIVERA (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Joanne D. Quinones, J.), rendered April 25, 2023, convicting him of robbery in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Under the totality of the circumstances, the record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 NY3d 545;  People v. Lopez, 6 NY3d 248;  People v. Stevens, 203 AD3d 958, 959).  The defendant's valid waiver of his right to appeal precludes appellate review of his contention that his adjudication as a second felony offender violated the principles announced in Erlinger v. United States (602 U.S. 821) (see People v. Serva, ––– AD3d ––––, 2025 N.Y. Slip Op 05537;  People v. Haynes, 70 AD3d 718, 718–719;  see also People v. Lassiter, 48 AD3d 700;  People v. Backus, 43 AD3d 409, 410), as well as his contention that the sentence imposed was excessive (see People v. Lopez, 6 NY3d at 256).

CONNOLLY, J.P., BRATHWAITE NELSON, WARHIT and VENTURA, JJ., concur.