People v Richardson

People v Richardson 2011 NY Slip Op 05561 Decided on June 28, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 28, 2011
Andrias, J.P., Friedman, Renwick, DeGrasse, Abdus-Salaam, JJ.
5449 1425/07

[*1]The People of the State of New York, Respondent,

v

Cecil Richardson, Defendant-Appellant.



 
Steven Bank, The Legal Aid Society, New York (Katheryne M.
Martone of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Yuval
Simchi-Levi of counsel), for respondent.

Judgment, Supreme Court, New York County (William A. Wetzel, J. at suppression hearing and mistrial declaration; Richard D. Carruthers, J. at plea and sentencing), rendered March 11, 2009, convicting defendant of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 7 years, unanimously affirmed.

Defendant made valid written and oral waivers of his right to appeal (see People v Lopez, 6 NY3d 248 [2006]), which encompass his present claims (see People v Kemp, 94 NY2d 831 [1999]; People v Muniz, 91 NY2d 570 [1998]). As an alternative holding, we reject defendant's suppression claim, and we find that his double jeopardy claim, which has been raised and rejected on the merits in a prior article 78 proceeding (Matter of Richardson v Wetzel, 47 AD3d 484 [2008], lv denied 10 NY3d 708 [2008]), is barred by the doctrine of res judicata (see People v Walker, 265 AD2d 254, 254 [1999], lv denied 94 NY2d 908 [2000]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 28, 2011

CLERK