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PEOPLE v. RIVADENEIRA

9701, 6029/06.

173 A.D.3d 587 (2019)

103 N.Y.S.3d 408

2019 NY Slip Op 05072

The People of the State of New York, Respondent, v. Elmo Rivadeneira, Appellant.

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

Decided June 25, 2019.

Defendant made a valid waiver of his right to appeal (see People v Bryant, 28 N.Y.3d 1094 [2016]), which forecloses review of his claims that he was denied the right to counsel in connection with his decision whether to testify before the grand jury and that his sentence is excessive.

Regardless of whether defendant validly waived his right to appeal, his right to counsel claim relating to the grand jury proceeding falls...

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