PEOPLE v. RUPERTO

Ind No. 3522/2015. Appeal No. 14864. Case No. 2018-2585.

200 A.D.3d 566 (2021)

155 N.Y.S.3d 331

2021 NY Slip Op 07069

The People of the State of New York, Respondent, v. Girael Ruperto, Appellant.

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

Decided December 16, 2021.


Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Katrina Jean Myers of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Reva Grace Phillips of counsel), for respondent.

Concur—Kapnick, J.P., Friedman, González, Rodriguez, Pitt, JJ.


Defendant made a valid waiver of his right to appeal (see People v Thomas, 34 N.Y.3d 545, 561-562 [2019], cert denied 589 US ___, 140 S.Ct. 2634 [2020]; People v Bryant, 28 N.Y.3d 1094, 1096 [2016]), thereby foreclosing review of his suppression and excessive sentence claims. To the extent the court's oral colloquy could be viewed as suggesting that defendant was waiving...

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