People v. Garcia

140 A.D.3d 480, 31 N.Y.S.3d 883

Opinion

People v Garcia (2016 NY Slip Op 04459)

People v Garcia

2016 NY Slip Op 04459

Decided on June 9, 2016

Appellate Division, First Department

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

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

Decided on June 9, 2016
Mazzarelli, J.P., Acosta, Saxe, Kapnick, Kahn, JJ.

1429 3081/12

[*1]The People of the State of New York, Respondent, —

v

Rolando Garcia, Defendant-Appellant.

Richard M. Greenberg, Office of the Appellate Defender, New York (Joseph M. Nursey of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (James Wen of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Steven Barrett, J.), rendered, June 13, 2014 convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 25 years, unanimously affirmed.

Although we do not find that defendant made a valid waiver of the right to appeal, we perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 9, 2016

CLERK