People v Richardson, 2011 NY Slip Op 05561 [85 AD3d 660]

June 28, 2011

Appellate Division, First Department

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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 seven 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 CPLR 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]). Concur—Andrias, J.P., Friedman, Renwick, DeGrasse and Abdus-Salaam, JJ..