People v. Rodriguez

2021 NY Slip Op 03062
Appellate Division of the Supreme Court of the State of New York·Decided May 12, 2021·No. Ind. No. 929/17·Published

Opinion

People v Rodriguez (2021 NY Slip Op 03062)
People v Rodriguez
2021 NY Slip Op 03062
Decided on May 12, 2021
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on May 12, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, A.P.J.
REINALDO E. RIVERA
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.

2018-13778
(Ind. No. 929/17)

[*1]The People of the State of New York, respondent,

v

Joe Rodriguez, appellant.


Andrew E. MacAskill, Garden City, NY, for appellant.

Madeline Singas, District Attorney, Mineola, NY (Tammy J. Smiley and Andrew Fukuda of counsel), for respondent.



DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Robert A. Schwartz, J.), rendered September 8, 2017, convicting him of criminal possession of a controlled substance in the second degree and criminal possession of a firearm, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Sanders, 25 NY3d 337, 341; People v Lopez, 6 NY3d 248, 254). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v Lopez, 6 NY3d at 255).

MASTRO, A.P.J., RIVERA, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court



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Related

People v. Lopez
844 N.E.2d 1145 (New York Court of Appeals, 2006)
The People v. Rasaun Sanders
34 N.E.3d 344 (New York Court of Appeals, 2015)