Appellate Division of the Supreme Court of New York, 2011

People v. Rodriguez

Appellate Division of the Supreme Court of New York · Decided March 1, 2011

82 A.D.3d 794; 917 N.Y.2d 917

Cases that cite this one

10 later published cases cite this decision.

People v. Perez (Appellate Division of the Supreme Court of New York 2026)
People v. Steppe (Appellate Division of the Supreme Court of New York 2026)
People v. Efferson (Appellate Division of the Supreme Court of New York 2025)
People v. Smith (Appellate Division of the Supreme Court of New York 2025)
People v. Yakubov (Appellate Division of the Supreme Court of New York 2022)
People v. Figueroa (Appellate Division of the Supreme Court of New York 2022)
People v. Florio (Appellate Division of the Supreme Court of New York 2020)
People v. Kosse (Appellate Division of the Supreme Court of New York 2012)
People v. Esquivel (Appellate Division of the Supreme Court of New York 2012)
People v. Esquivel (Appellate Division of the Supreme Court of New York 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*795Contrary to the defendant’s contention, he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 257 [2006]). As a result, the defendant’s challenge to the persistent violent felony offender statute (see Penal Law §§ 70.04, 70.08) is foreclosed from appellate review (see People v Haynes, 70 AD3d 718, 719 [2010]; People v Lassiter, 48 AD3d 700 [2008]). 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 AD3d 1260 [2005]; People v Santilli, 16 AD3d 1056, 1057 [2005]; People v Hidalgo, 283 AD2d 154 [2001]; People v Brathwaite, 263 AD2d 89, 92 [2000]). Florio, J.E, Leventhal, Chambers and Hall, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.