People v. Rodriguez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*795Contrary to the defendant’s contention, he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 257 [2006]). As a result, the defendant’s challenge to the persistent violent felony offender statute (see Penal Law §§ 70.04, 70.08) is foreclosed from appellate review (see People v Haynes, 70 AD3d 718, 719 [2010]; People v Lassiter, 48 AD3d 700 [2008]). The defendant’s valid waiver of his right to appeal also bars his challenge to his sentence as constituting cruel and unusual punishment (see People v Vega,…
2Cases cited8 opinions
- People v. LopezNew York Court of Appeals · 2006
- People v. RamosNew York Court of Appeals · 2006
- People v. BrathwaiteAppellate Division of the Supreme Court of the State of New York · 2000
- People v. HaynesAppellate Division of the Supreme Court of the State of New York · 2010
- People v. LassiterAppellate Division of the Supreme Court of the State of New York · 2008
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
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- People v. YakubovAppellate Division of the Supreme Court of the State of New York · 2022
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2025
5 more not listed; retrieve them via the Exa API.