People v. Collier

Opinion

People v Collier

2026 NY Slip Op 04714

July 24, 2026

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This decision is uncorrected and subject to revision before publication in the Official Reports.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

MARCAS COLLIER, DEFENDANT-APPELLANT.

Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department

Decided on July 24, 2026

556 KA 23-01515

Present: Lindley, J.P., Bannister, Ogden, Delconte, And Hannah, JJ.

JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (AARON FRIEDMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

BRIAN P. GREEN, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Monroe County Court (Richard M. Healy, A.J.), rendered February 10, 2023. The judgment convicted defendant, upon his plea of guilty, of manslaughter in the first degree.

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It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of manslaughter in the first degree (Penal Law § 125.20 [1]). Contrary to defendant's contention, the record establishes that defendant's waiver of the right to appeal was knowing, voluntary, and intelligent (see People v Laws, 246 AD3d 1367, 1367 [4th Dept 2026]; People v Williams, 240 AD3d 1427, 1427 [4th Dept 2025], lv denied 44 NY3d 995 [2025]; see generally People v Thomas, 34 NY3d 545, 559-564 [2019], cert denied 589 US 1302 [2020]). Defendant's valid waiver of the right to appeal precludes our review of his challenge to the severity of the sentence (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Foumakoye, 229 AD3d 1380, 1380 [4th Dept 2024], lv denied 42 NY3d 970 [2024]).

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court