People v. Rodriguez
Opinion
| People v Rodriguez |
| 2025 NY Slip Op 00883 |
| Decided on February 13, 2025 |
| 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 February 13, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
FRANCESCA E. CONNOLLY, J.P.
ANGELA G. IANNACCI
LARA J. GENOVESI
LOURDES M. VENTURA, JJ.
2022-08448
v
Kiara Rodriguez, appellant. (S.C.I. No. 72566/22)
Patricia Pazner, New York, NY (Marissa Reap of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Ellen C. Abbot of counsel; Anmari Guerrero on the memorandum), for respondent.
DECISION & ORDER
Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Queens County (Mary L. Bejarano, J.), imposed September 6, 2022, upon her plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The record does not establish that the defendant knowingly, voluntarily, and intelligently waived her right to appeal (see People v Wiltshire, 199 AD3d 1025; People v Coverdale, 189 AD3d 1610). Thus, the defendant's purported waiver of her right to appeal was invalid and does not preclude appellate review of her excessive sentence claim (see People v Coverdale, 189 AD3d at 1610).
Nevertheless, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
CONNOLLY, J.P., IANNACCI, GENOVESI and VENTURA, JJ., concur.
ENTER:Darrell M. Joseph
Clerk of the Court
Free access — add to your briefcase to read the full text and ask questions with AI
2025 NY Slip Op 00883 (People v. Rodriguez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.