People v. Rodriguez, 32 A.D.3d 481 (N.Y. App. Div. 2d Dep't 2006). · Go Syfert
People v. Rodriguez, 32 A.D.3d 481 (N.Y. App. Div. 2d Dep't 2006). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 1 distinct court.
Cited for
At page 482 invalid 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…3 citing casesopening of page *482 (no citing court says what it cites this page for)
  • People v. Delarossa, 57 A.D.3d 559 (N.Y. App. Div. 2d Dep't 2008).
    To the extent that the claim can be reviewed on the record, counsel provided the defendant with meaningful representation (see People v Browning, 44 AD3d 1067, 1067-1068 [2007]; People v Rodriguez, 32 AD3d 481, 482 [2006]; People v Reels,…
  • People v. Rosato, 37 A.D.3d 741 (N.Y. App. Div. 2d Dep't 2007).
    The defendant’s purported waiver of his right to appeal was ineffective because it was based on an incorrect statement of law (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Rodriguez, 32 AD3d 481, 482 [2006]; People v D’Avila, 21 AD…
  • People v. McCauley, 37 A.D.3d 739 (N.Y. App. Div. 2d Dep't 2007).
    The defendant’s purported waiver of his right to appeal was invalid because it was based on an incorrect statement of law (see People v Moyett, 7 NY3d 892 [2006]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Rodriguez, 32 AD3d 481, 482…
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Jose Rodriguez
Appellate Division of the Supreme Court of the State of New York.
Aug 15, 2006.
32 A.D.3d 481
Cited by 10 opinions  |  Published

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[*482] invalid 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 sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]) and, in any event, the defendant has no basis to complain since the sentence was part of the negotiated plea bargain (see People v Demosthene, 21 AD3d 384, 385 [2005]; People v Fanelli, 8 AD3d 296 [2004]; People v Mejia, 6 AD3d 630 [2004]; People v Kazepis, 101 AD2d 816, 817 [1984]).

The defendant’s claim, raised in his supplemental pro se brief, that he received ineffective assistance from the attorney who represented him during the plea proceeding, is based partially on matter dehors the record which cannot be reviewed on direct appeal (see People v Edwards, 28 AD3d 491 [2006]). To the extent that the defendant’s claim is reviewable on direct appeal, the record reveals that the attorney who represented the defendant during the plea proceeding provided him with effective assistance (see People v Benevento, 91 NY2d 708, 714 [1998]; People v Baldi, 54 NY2d 137, 147 [1981]). The attorney negotiated an advantageous plea bargain and the record does not cast doubt on the effectiveness of counsel (see People v Ford, 86 NY2d 397, 404 [1995]; People v Reels, 17 AD3d 488, 489 [2005]; People v Kessler, 5 AD3d 504, 505 [2004]). Florio, J.P., Santucci, Mastro, Rivera and Covello, JJ., concur.