PEOPLE v. RODRIGUEZ

2108/11, 16590, 16589

135 A.D.3d 456 (2016)

21 N.Y.S.3d 895

2016 NY Slip Op 00059

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

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

Decided January 7, 2016.


As to the appeal from the judgment of conviction, we find that defendant did not make a valid waiver of his right to appeal, but we perceive no basis for reducing the sentence.

As to defendant's civil appeal from his sex offender adjudication, we find that clear and convincing evidence supports the 15-point assessment under the risk factor for drug or alcohol abuse. Defendant committed the instant offense while under the influence of marijuana, which alone supports...

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