People v. Rivera

Summary

The Appellate Division, First Department unanimously affirmed Martin Rivera’s judgment of conviction for attempted criminal possession of a weapon in the second degree. The court held that Rivera validly waived his right to appeal, foreclosing review of his suppression claim, and alternatively concluded that police had probable cause to arrest him for criminal trespass. The firearm recovered during the ensuing search incident to arrest was therefore lawfully obtained.

Holdings

1. Rivera validly waived his right to appeal, and the waiver foreclosed appellate review of his suppression claim.
2. The circumstances supplied police with probable cause to arrest Rivera for criminal trespass, and the search incident to that arrest, which recovered a loaded firearm, was lawful.

Questions Presented

1. Whether Rivera's valid waiver of the right to appeal foreclosed appellate review of his suppression claim.
2. Alternatively, whether the circumstances surrounding Rivera's presence in the maintenance shed supplied probable cause to arrest him for criminal trespass and rendered the ensuing search incident to arrest lawful.

Disposition

affirmed