PEOPLE v. RODRIGUEZ (2025)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. Kiara RODRIGUEZ, appellant.

2022-08448

Decided: February 13, 2025

FRANCESCA E. CONNOLLY, J.P., ANGELA G. IANNACCI, LARA J. GENOVESI, LOURDES M. VENTURA, JJ.

Patricia Pazner, New York, NY (Marissa Reap of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Ellen C. Abbot of counsel; Anmari Guerrero on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Queens County (Mary L. Bejarano, J.), imposed September 6, 2022, upon her plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The record does not establish that the defendant knowingly, voluntarily, and intelligently waived her right to appeal (see People v. Wiltshire, 199 AD3d 1025; People v. Coverdale, 189 AD3d 1610). Thus, the defendant's purported waiver of her right to appeal was invalid and does not preclude appellate review of her excessive sentence claim (see People v. Coverdale, 189 AD3d at 1610).

Nevertheless, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

CONNOLLY, J.P., IANNACCI, GENOVESI and VENTURA, JJ., concur.

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