PEOPLE v. RUBIERA

Ind No. 2610/17. Appeal No. 13558. Case No. 2019-1871.

193 A.D.3d 515 (2021)

141 N.Y.S.3d 857

2021 NY Slip Op 02253

The People of the State of New York, Respondent, v. Richard Rubiera, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 13, 2021.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Jody Ratner of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Emily A. Aldridge of counsel), for respondent.

Concur—Kapnick, J.P., Kern, Singh, Scarpulla, JJ.


Defendant made a valid waiver of his right to appeal, which forecloses review of his claim that the court should have granted his request for youthful offender treatment. The court's colloquy, viewed in conjunction with the written waiver, demonstrates that defendant understood his right to appeal was separate and distinct from the rights automatically forfeited upon his guilty plea (see People v Bryant, 28 N.Y.3d 1094, 1095-1096...

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