People v. Rodriguez
Appellate Division of the Supreme Court of the State of New York
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
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. BaldiNew York Court of Appeals · 1981
- People v. LopezNew York Court of Appeals · 2006
- People v. BeneventoNew York Court of Appeals · 1998
- People v. FordNew York Court of Appeals · 1995
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. ButlerAppellate Division of the Supreme Court of the State of New York · 2008
- People v. LopezAppellate Division of the Supreme Court of the State of New York · 2006
- People v. PatelAppellate Division of the Supreme Court of the State of New York · 2010
- People v. GheradiAppellate Division of the Supreme Court of the State of New York · 2009
- 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.