Legal Opinion

People v. Rodriguez

Appellate Division of the Supreme Court of the State of New York

Decided August 15, 2006PublishedCited by 10 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Walsh, J.), rendered April 8, 2004, convicting him of criminal sale of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s purported waiver of his right to appeal was *482invalid because it was based on an incorrect statement of the law (see People v Lopez, 6 NY3d 248, 256 [2006]; People v D’Avila, 21 AD3d 905 [2005]; People v Matthews, 21 AD3d 499, 500 [2005]) and thus, does not preclude review of the defendant’s excessive…

2Cases cited14 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. BaldiNew York Court of Appeals · 1981
  3. People v. LopezNew York Court of Appeals · 2006
  4. People v. BeneventoNew York Court of Appeals · 1998
  5. People v. FordNew York Court of Appeals · 1995

9 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. People v. ButlerAppellate Division of the Supreme Court of the State of New York · 2008
  2. People v. LopezAppellate Division of the Supreme Court of the State of New York · 2006
  3. People v. PatelAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. GheradiAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. McCantsAppellate Division of the Supreme Court of the State of New York · 2010

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API