| People v Rodriguez |
| 2010 NY Slip Op 08970 [78 AD3d 1204] |
| November 30, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JoseRodriguez, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley, Judith R. Sternberg,and Barbara Kornblau of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Ort, J.),rendered September 20, 2005, convicting him of burglary in the first degree (three counts),robbery in the first degree (two counts), criminal possession of a weapon in the second degree,and assault in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The record establishes that the defendant knowingly, voluntarily, and intelligently waived hisright to appeal (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Seaberg,74 NY2d 1, 11 [1989]). There was no effort to conceal error, and the defendant was made fullyaware of any appealable issues (see People v Holman, 89 NY2d 876, 878 [1996]).Accordingly, the defendant's waiver of the right to appeal, made as part of his sentencingagreement after a jury verdict of guilty, was valid and precludes review of the issues raised onappeal (see People v Lopez, 6 NY3d 248 [2006]; People v Holman, 89 NY2d 876[1996]; People v Seaberg, 74 NY2d 1 [1989]). Skelos, J.P., Balkin, Eng and Austin, JJ.,concur.