Opinion
No. 5449.
June 28, 2011.
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.
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.
Before: Concur — Andrias, J.P., Friedman, Renwick, DeGrasse and Abdus-Salaam, JJ.
Defendant made valid written and oral waivers of his right to appeal ( see People v Lopez, 6 NY3d 248), which encompass his present claims ( see People v Kemp, 94 NY2d 831; People v Muniz, 91 NY2d 570). 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, lv denied 10 NY3d 708), is barred by the doctrine of res judicata ( see People v Walker, 265 AD2d 254, 254, lv denied 94 NY2d 908).