People v. Rivers

Judgment, Supreme Court, Bronx County (Troy K. Webber, J.), rendered May 14, 2008, convicting defendant, upon his plea of guilty, of attempted robbery in the first degree, and sentencing him, as a second felony offender, to a term of five years, unanimously affirmed.

Since the final plea proceeding expressly incorporated by reference the allocution conducted at a prior plea proceeding, defendant’s prior waiver of his right to appeal is enforceable (see People v Hickman, 57 AD3d 370 [2008]; People v Morrison, 48 AD3d 288 [2008], lv denied 10 NY3d 867 [2008]), and it forecloses defendant’s…