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People v. Ramos

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 22, 2017
2017 N.Y. Slip Op. 2065 (N.Y. App. Div. 2017)

Opinion

2014-09023

03-22-2017

The People of the State of New York, 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.


SHERI S. ROMAN HECTOR D. LASALLE BETSY BARROS, JJ. (Ind. No. 1262/08)

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.

DECISION & ORDER

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 NY3d 248, 256-257; People v Hidalgo, 91 NY2d 733; People v Seaberg, 74 NY2d 1, 9; People v Persaud, 109 AD3d 626; cf. People v Bradshaw, 18 NY3d 257, 265-267), and also precludes the defendant from invoking this Court's interest of justice jurisdiction to obtain a reduced sentence (see People v Lopez, 6 NY3d at 255; People v Seaberg, 74 NY2d at 9-10).

CHAMBERS, J.P., ROMAN, LASALLE and BARROS, JJ., concur. ENTER: Aprilanne Agostino Clerk of the Court


Summaries of

People v. Ramos

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 22, 2017
2017 N.Y. Slip Op. 2065 (N.Y. App. Div. 2017)
Case details for

People v. Ramos

Case Details

Full title:The People of the State of New York, respondent, v. David Ramos, appellant.

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Mar 22, 2017

Citations

2017 N.Y. Slip Op. 2065 (N.Y. App. Div. 2017)