PEOPLE v. RODRIGUEZ


250 A.D.2d 391 (1998)

672 N.Y.S.2d 693

The People of the State of New York, Respondent, v. Francisco Rodriguez, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 7, 1998


As the People concede it was improper to impose a minimum term of imprisonment of one-half the maximum term for one count, the conviction of robbery in the first degree premised upon Penal Law § 160.15 (3), under the law as it existed at the time the crime was committed and we modify the sentence accordingly.

Defendant's valid waiver of his right to appeal precludes discretionary review of his sentence. In any event, we perceive no abuse of sentencing...

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