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People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Apr 8, 1997
238 A.D.2d 150 (N.Y. App. Div. 1997)

Opinion

April 8, 1997


Judgment, Supreme Court, New York County (John Bradley, J.), rendered October 24, 1994, convicting defendant, upon his plea of guilty, of murder in the second degree, robbery in the first degree, and robbery in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 21 years to life, 12 1/2 to 25 years, and 7 1/2 to 15 years, respectively, unanimously affirmed.

The court properly denied defendant's request to withdraw his guilty plea. It is clear from the record that defendant's plea was voluntary, knowing, and intelligent ( see, People v Fiumefreddo, 82 N.Y.2d 536) and that he was given a full opportunity to advance his claim ( see, People v. Montalvo, 228 A.D.2d 197, lv denied 88 N.Y.2d 990).

Review of defendant's contention concerning the consolidation of his three indictments is foreclosed by operation of his guilty plea, which served to waive all nonjurisdictional defects ( People v. Grant, 140 A.D.2d 623); in any event the contention is without merit.

We perceive no abuse of sentencing discretion.

Concur — Murphy, P.J., Sullivan, Milonas and Mazzarelli, JJ.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Apr 8, 1997
238 A.D.2d 150 (N.Y. App. Div. 1997)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT RODRIGUEZ…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 8, 1997

Citations

238 A.D.2d 150 (N.Y. App. Div. 1997)
655 N.Y.S.2d 953

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