People v. Rhodes
Opinion
It appears you are using Adblock. Please disable Adblock to best experience our website.
Bureau Thomas J.K. Smith, State Reporter
People v Rhodes
2026 NY Slip Op 04712
July 24, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v
WESTON RHODES, DEFENDANT-APPELLANT.
Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department
Decided on July 24, 2026
554 KA 25-00432
Present: Lindley, J.P., Bannister, Ogden, Delconte, And Hannah, JJ.
RYAN JAMES MULDOON, AUBURN, FOR DEFENDANT-APPELLANT.
BRITTANY GROME ANTONACCI, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Cayuga County Court (Thomas G. Leone, J.), rendered January 16, 2025. The judgment convicted defendant upon his plea of guilty of rape in the second degree and attempted rape in the second degree.
[*1]It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of rape in the second degree (Penal Law former § 130.30 [1]) and attempted rape in the second degree (§ 110.00, former
§ 130.30 [1]), defendant contends that his waiver of the right to appeal is invalid and that his negotiated sentence is unduly harsh and severe. We affirm. Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid and therefore does not preclude our review of his challenge to the severity of the sentence (see People v Harrison, 242 AD3d 1540, 1541 [4th Dept 2025]; People v Swiderski, 217 AD3d 1416, 1417 [4th Dept 2023]), we conclude that the sentence is not unduly harsh or severe.
Inasmuch as the certificate of conviction and uniform sentence and commitment form incorrectly state that defendant was sentenced as a second felony offender, they must be corrected to reflect that he was sentenced as a second violent felony offender (see People v King, 225 AD3d 1216, 1216 [4th Dept 2024], lv denied 42 NY3d 928 [2024]; People v Seymore, 188 AD3d 1767, 1770 [4th Dept 2020], lv denied 36 NY3d 1100 [2021]).
Entered: July 24, 2026
Ann Dillon Flynn
Clerk of the Court
Links to or from other sites do not signify endorsement or relationship with them.
Free access — add to your briefcase to read the full text and ask questions with AI
People v. Rhodes (People v. Rhodes) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.