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People v. Hulsizer

Supreme Court of New York, Fourth Department
Nov 17, 2023
2023 N.Y. Slip Op. 5846 (N.Y. App. Div. 2023)

Opinion

No. 750 KA 18-01294

11-17-2023

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOSEPH E. HULSIZER, DEFENDANT-APPELLANT.

CARA A. WALDMAN, FAIRPORT, FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (SCOTT MYLES OF COUNSEL), FOR RESPONDENT.


CARA A. WALDMAN, FAIRPORT, FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (SCOTT MYLES OF COUNSEL), FOR RESPONDENT.

PRESENT: WHALEN, P.J., CURRAN, BANNISTER, OGDEN, AND DELCONTE, JJ.

Appeal from a judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered October 4, 2017. The judgment convicted defendant, upon a plea of guilty, of manslaughter in the first degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of manslaughter in the first degree (Penal Law § 125.20 [1]). We agree with defendant, and the People correctly concede, that his waiver of the right to appeal is invalid (see People v Thomas, 34 N.Y.3d 545, 564-566 [2019], cert denied ____ U.S. ____, 140 S.Ct. 2634 [2020]). We are therefore not precluded from reviewing defendant's challenge to the severity of his sentence. Nevertheless, we reject defendant's contention that his sentence is unduly harsh and severe.


Summaries of

People v. Hulsizer

Supreme Court of New York, Fourth Department
Nov 17, 2023
2023 N.Y. Slip Op. 5846 (N.Y. App. Div. 2023)
Case details for

People v. Hulsizer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOSEPH E. HULSIZER…

Court:Supreme Court of New York, Fourth Department

Date published: Nov 17, 2023

Citations

2023 N.Y. Slip Op. 5846 (N.Y. App. Div. 2023)