People v. Rodriguez
| Decision Date | 01 March 2011 |
| Citation | 917 N.Y.S.2d 917,82 A.D.3d 794 |
| Parties | The PEOPLE, etc., respondent, v. Carlos RODRIGUEZ, appellant. |
| Court | New York Supreme Court — Appellate Division |
Lynn W.L. Fahey, New York, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Gary S. Fidel of counsel; William Moccia on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered January 14, 2009, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence. Justice Chambers has been substituted for the late Justice Fisher ( see 22 NYCRR 270.1[c] ).
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, he knowingly, voluntarily, and intelligently waived his right to appeal ( see People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222; People v. Lopez, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145). As a result, the defendant's challenge to the persistent violent felonyoffender statute ( see Penal Law §§ 70.04, 70.08) is foreclosed from appellate review ( see People v. Haynes, 70 A.D.3d 718, 719, 893 N.Y.S.2d 284; People v. Lassiter, 48 A.D.3d 700, 852 N.Y.S.2d 311). 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, 24 A.D.3d 1260, 806 N.Y.S.2d 828; People v. Santilli, 16 A.D.3d 1056, 1057, 790 N.Y.S.2d 898; People v. Hidalgo, 283 A.D.2d 154, 724 N.Y.S.2d 583; People v. Brathwaite, 263 A.D.2d 89, 92, 703 N.Y.S.2d 191).
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