Legal Opinion
People v. Rodriguez
Appellate Division of the Supreme Court of the State of New York
Decided March 31, 1999PublishedCited by 15 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Although defendant’s waiver of the right to appeal encompassed the original sentence of probation (see, People v Seaberg, 74 NY2d 1), it did not encompass the resentencing following defendant’s violation of probation (see, People v Daniel A., 259 AD2d 983 [decided herewith]). We conclude, however, that the sentence is neither unduly harsh nor severe. (Appeal from Judgment of Supreme Court, Erie County, Rossetti, J. — Violation of Probation.) Present — Denman, P. J., Green, Pine, Hayes and Hurlbutt, JJ.
2Cases cited2 opinions
- People v. SeabergNew York Court of Appeals · 1989
- People v. Daniel A.Appellate Division of the Supreme Court of the State of New York · 1999
3Cited by15 opinions
- People v. RowlandAppellate Division of the Supreme Court of the State of New York · 2004
- People v. DexterAppellate Division of the Supreme Court of the State of New York · 2010
- People v. StrunkeyAppellate Division of the Supreme Court of the State of New York · 2000
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2010
- People v. VenableAppellate Division of the Supreme Court of the State of New York · 2005
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