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People v. Lozada

Supreme Court, Appellate Division, Second Department, New York.
Mar 8, 2017
148 A.D.3d 826 (N.Y. App. Div. 2017)

Opinion

03-08-2017

The PEOPLE, etc., respondent, v. Maximiliano LOZADA, appellant.

Lynn W.L. Fahey, New York, NY, for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Merri Turk Lasky, and John F. McGoldrick of counsel), for respondent.


Lynn W.L. Fahey, New York, NY, for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Merri Turk Lasky, and John F. McGoldrick of counsel), for respondent.

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 N.Y.3d 257, 267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Guarchaj, 122 A.D.3d 878, 879, 996 N.Y.S.2d 372 ; People v. Pressley, 116 A.D.3d 794, 795–796, 983 N.Y.S.2d 322 ; People v. Salgado, 111 A.D.3d 859, 975 N.Y.S.2d 172 ; People v. Pelaez, 100 A.D.3d 803, 803–804, 954 N.Y.S.2d 554 ), 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 A.D.2d 80, 455 N.Y.S.2d 675 ).

BALKIN, J.P., MILLER, LaSALLE and BRATHWAITE NELSON, JJ., concur.


Summaries of

People v. Lozada

Supreme Court, Appellate Division, Second Department, New York.
Mar 8, 2017
148 A.D.3d 826 (N.Y. App. Div. 2017)
Case details for

People v. Lozada

Case Details

Full title:The PEOPLE, etc., respondent, v. Maximiliano LOZADA, appellant.

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

Date published: Mar 8, 2017

Citations

148 A.D.3d 826 (N.Y. App. Div. 2017)
148 A.D.3d 826

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