People v. Lozada

2017 NY Slip Op 1713, 148 A.D.3d 826, 47 N.Y.S.3d 909

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 8, 2017
• Docket: 2014-11793
• Status: Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lasak, J.), rendered July 22, 2014, 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 purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 267 [2011]; People v Guarchaj, 122 AD3d 878, 879 [2014]; People v Pressley, 116 AD3d 794, 795-796 [2014]; People v Salgado, 111 AD3d 859 [2013]; People v Pelaez, 100 AD3d 803, 803-804 [2012]), and thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant’s contention, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Balkin, J.P., Miller, LaSalle and Brathwaite Nelson, JJ., concur.