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People v. Holmes

122 A.D.3d 770, 994 N.Y.S.2d 866
Procedural entryThis page is a short order in People v. Holmes. Read the opinion of the Court — 92 A.D.3d 957 →
Appellate Division of the Supreme Court of the State of New York·Decided November 12, 2014·No. 2012-08897·Published

Opinion

Appeal by the defendant from a judgment of the County Court, Suffolk County (Condon, J.), rendered August 22, 2012, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s valid waiver of his right to appeal precludes review of his claims that the procedure used to adjudicate him a second violent felony offender was defective (see People v Huggins, 105 AD3d 760, 761 [2013]; People v Kosse, 94 AD3d 908 [2012]) and that the sentence imposed was excessive (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 253 [2006]; People v Muniz, 91 NY2d 570, 575 [1998]; People v Seaberg, 74 NY2d 1, 11 [1989]; People v Mack, 119 AD3d 875, 876 [2014]).

Rivera, J.E, Hall, Austin, Miller and Maltese, JJ., concur.

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People v. Holmes, 122 A.D.3d 770, 994 N.Y.S.2d 866 (N.Y. Ct. App. 2014).

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Related

People v. Muniz
696 N.E.2d 182 (New York Court of Appeals, 1998)
People v. Lopez
844 N.E.2d 1145 (New York Court of Appeals, 2006)
People v. Mack
119 A.D.3d 875 (Appellate Division of the Supreme Court of New York, 2014)
People v. Ramos
853 N.E.2d 222 (New York Court of Appeals, 2006)
People v. Seaberg
541 N.E.2d 1022 (New York Court of Appeals, 1989)
People v. Kosse
94 A.D.3d 908 (Appellate Division of the Supreme Court of New York, 2012)
People v. Huggins
105 A.D.3d 760 (Appellate Division of the Supreme Court of New York, 2013)