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People v. Hulsizer

Supreme Court, Appellate Division, Fourth Department, New York.
Nov 17, 2023
221 A.D.3d 1501 (N.Y. App. Div. 2023)

Opinion

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.

MEMORANDUM AND ORDER

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, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied ––– U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [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, Appellate Division, Fourth Department, New York.
Nov 17, 2023
221 A.D.3d 1501 (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, Appellate Division, Fourth Department, New York.

Date published: Nov 17, 2023

Citations

221 A.D.3d 1501 (N.Y. App. Div. 2023)
221 A.D.3d 1501