| People v Rodriguez |
| 2025 NYSlipOp 06734 [244 AD3d 761] |
| December 3, 2025 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Michael I. Rodriguez, Appellant. |
Richard L. Herzfeld, New York, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (Christopher Kelly of counsel), for respondent.
Crimes - Sentence - Failure to Comply with Probation Conditions
Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Orange County (Hyun Chin Kim, J.), imposed March 21, 2025, upon his plea of guilty, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
Contrary to the defendant's contention, the County Court's explanation regarding the waiver of his right to appeal was not deficient (see People v Gutierrez, 237 AD3d 743, 743 [2025]; People v Sorino, 235 AD3d 782, 783 [2025]). Furthermore, since the defendant was advised of the maximum sentence that could be imposed if he failed to comply with the conditions of his interim probation, the valid waiver of his right to appeal precludes appellate review of his contention that the sentence of incarceration imposed upon his failure to so comply was excessive (see People v Humbach, 153 AD3d 637, 638 [2017]; see also People v Lococo, 92 NY2d 825, 827 [1998]). Iannacci, J.P., Christopher, Voutsinas, Love and Goldberg Velazquez, JJ., concur.