Legal Opinion

People v. Holmes

Appellate Division of the Supreme Court of the State of New York

Decided November 12, 2014No. 2012-08897Published

1Opinion of the Court

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];…

2Cases cited7 opinions

  1. People v. LopezNew York Court of Appeals · 2006
  2. People v. SeabergNew York Court of Appeals · 1989
  3. People v. RamosNew York Court of Appeals · 2006
  4. People v. MunizNew York Court of Appeals · 1998
  5. People v. HugginsAppellate Division of the Supreme Court of the State of New York · 2013

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