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People v. Rodriguez

82 A.D.3d 794 Court N.Y. App. Div. Decision date 2011-03-01 English

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p. 794
The People of the State of New York, Respondent, v Carlos Rodriguez, Appellant.
[917 NYS2d 917]
p. 795
Contrary 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.

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