From Casetext: Smarter Legal Research

People v. Ramos

Supreme Court, Appellate Division, Second Department, New York.
Mar 22, 2017
148 A.D.3d 1058 (N.Y. App. Div. 2017)

Opinion

03-22-2017

The PEOPLE, etc., respondent, v. David RAMOS, appellant.

Lynn W.L. Fahey, New York, NY, for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel; Jenna Tersteegen on the brief), for respondent.


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

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel; Jenna Tersteegen on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered September 18, 2014, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Under the particular circumstances of this case, the defendant validly waived his right to appeal. This precludes appellate review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Hidalgo, 91 N.Y.2d 733, 675 N.Y.S.2d 327, 698 N.E.2d 46 ; People v. Seaberg, 74 N.Y.2d 1, 9, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Persaud, 109 A.D.3d 626, 970 N.Y.S.2d 324 ; cf. People v. Bradshaw, 18 N.Y.3d 257, 265–267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ), and also precludes the defendant from invoking this Court's interest of justice jurisdiction to obtain a reduced sentence (see People v. Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Seaberg, 74 N.Y.2d at 9–10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ).

CHAMBERS, J.P., ROMAN, LaSALLE and BARROS, JJ., concur.


Summaries of

People v. Ramos

Supreme Court, Appellate Division, Second Department, New York.
Mar 22, 2017
148 A.D.3d 1058 (N.Y. App. Div. 2017)
Case details for

People v. Ramos

Case Details

Full title:The PEOPLE, etc., respondent, v. David RAMOS, appellant.

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

Date published: Mar 22, 2017

Citations

148 A.D.3d 1058 (N.Y. App. Div. 2017)
148 A.D.3d 1058