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PEOPLE v. RODRIGUEZ

30 A.D.3d 544 (2006)

816 N.Y.S.2d 359

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSHUA RODRIGUEZ, Appellant.

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

June 13, 2006.

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 N.Y.3d 248 [2006]). 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 A.D.2d 80

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