Monday, October 9, 2017



Burglary conviction upheld in appeals court

KINGSTON – The Appellate Division, Third Department of State Supreme Court unanimously affirmed the July 2015 conviction in a Clintondale break-in.

The guilty plea of Ruben Rodriguez stems from a break-in on September 22, 2014 in an apartment. When the homeowner received an alert on his iPhone that there was movement in his home, he returned immediately. When he knocked on the door, he was confronted by Rodriguez and another intruder.

As the two men fled toward a getaway car, Rodriguez fired a gun striking a vehicle owned by the victim’s next door neighbor.

Rodriguez pled guilty to first-degree robbery and waived his right to appeal. He was sentenced as a second felony offender to 16 years in prison followed by five years of post-release supervision.

On appeal, Rodriguez challenged the factual sufficiency of his plea allocution, but the court dismissed that finding in that he admitted during his plea that he unlawfully entered the building while armed by a loaded gun.

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