People v. Rivera

Summary

The New York Appellate Division, Second Department, affirmed a judgment convicting Luis Rivera of robbery in the third degree upon his guilty plea. The court held that Rivera's valid waiver of the right to appeal barred review of his speedy-trial and Erlinger-based sentencing challenges, while his facial constitutional challenge to New York's predicate felony offender statutes was unpreserved and not reviewed in the interest of justice.

Holdings

1. Rivera knowingly, voluntarily, and intelligently waived his right to appeal, and the valid waiver precluded appellate review of his statutory speedy-trial challenge and his challenge to his second-felony-offender adjudication.
2. A facial constitutional challenge to New York's predicate felony offender statutes is not precluded by a valid appeal waiver, but Rivera's challenge was unpreserved because he failed to raise it before the Supreme Court, and the court declined to review it in the interest of justice.

Questions Presented

1. Whether Rivera knowingly, voluntarily, and intelligently waived his right to appeal.
2. Whether the valid appeal waiver precluded appellate review of the denial of Rivera's statutory speedy-trial motion and his constitutional challenge to his adjudication as a second felony offender in light of Erlinger v. United States.
3. Whether the appeal waiver precluded Rivera's facial constitutional challenge to New York's predicate felony offender statutes.
4. Whether Rivera's facial constitutional challenge was preserved for appellate review and whether the court should review it in the interest of justice.

Disposition

affirmed