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People v. Bello

Supreme Court of New York, Appellate Division, Second Department
Oct 6, 2021
No. 2018-11547 (N.Y. App. Div. Oct. 6, 2021)

Opinion

2018-11547 Ind. 6573/06

10-06-2021

The People, etc., respondent, v. Miguel Bello, appellant.

Janet E. Sabel, New York, NY (Harold V. Ferguson, Jr., of counsel) for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel), for respondent.


Argued - September 13, 2021

D67334 C/htr

Janet E. Sabel, New York, NY (Harold V. Ferguson, Jr., of counsel) for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel), for respondent.

MARK C. DILLON, J.P. ANGELA G. IANNACCI LINDA CHRISTOPHER PAUL WOOTEN, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Martin P. Murphy, J.), rendered September 11, 2017, 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 sole contention regarding the conviction of manslaughter in the first degree under Indictment No. 6573/06 is that his plea of guilty should be vacated if his conviction under Indictment No. 7484/14 is reversed (People v Bello, A.D.3d [Appellate Division

Docket No. 2017-04831; decided herewith]). Since the defendant ra o independent claim regarding his conviction under Indictment No. 6573/06, that judgment must be affirmed in light of the affirmance of the judgment under Indictment No. 7484/14 (see id.; People v Lewis, 135 A.D.3d 961, 962; People v Washington, 93 A.D.3d 681, 682; cf. People v Fuggazzatto, 62 N.Y.2d 862, 863).

DILLON, J P, IANNACCI, CHRISTOPHER and WOOTEN, JJ, concur


Summaries of

People v. Bello

Supreme Court of New York, Appellate Division, Second Department
Oct 6, 2021
No. 2018-11547 (N.Y. App. Div. Oct. 6, 2021)
Case details for

People v. Bello

Case Details

Full title:The People, etc., respondent, v. Miguel Bello, appellant.

Court:Supreme Court of New York, Appellate Division, Second Department

Date published: Oct 6, 2021

Citations

No. 2018-11547 (N.Y. App. Div. Oct. 6, 2021)