People v Joshua Rodriguez

People v Rodriguez 2006 NY Slip Op 04867 [30 AD3d 544] Decided on June 13, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 13, 2006
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT J. LUNN, JJ.
2004-05614 DECISION & ORDER

[*1]The People, etc., respondent,

v

Joshua Rodriguez, appellant. (Ind. No. 28/04)




Lynn W. L. Fahey, New York, N.Y., for appellant.
Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y.
(Anne Crick of counsel), for
respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Rienzi, J.), imposed on June 17, 2004, upon his conviction of burglary in the second degree, upon his plea of guilty, the sentence being a determinate term of 8 years imprisonment.

ORDERED that the sentence is affirmed.

The record fails to establish that the defendant's waiver of the right to appeal was knowing, voluntary, and intelligent (see People v Lopez, 6 NY3d 248). Accordingly, he is not foreclosed from obtaining appellate review of his sentence. However, we conclude that the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80). Moreover, the defendant pleaded guilty with the understanding that he would receive the eight-year term of imprisonment actually imposed. He cannot now complain that the negotiated sentence is excessive (see People v Kazepis, 101 AD2d 816).
PRUDENTI, P.J., ADAMS, KRAUSMAN, SPOLZINO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court