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People v. Conway

Supreme Court, Appellate Division, Second Department, New York.
Jun 29, 2016
140 A.D.3d 1185 (N.Y. App. Div. 2016)

Opinion

06-29-2016

The PEOPLE, etc., respondent, v. Kevin CONWAY, appellant.

Robert C. Mitchell, Riverhead, NY (Felice B. Milani of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, NY (Caren C. Manzello of counsel), for respondent.


Robert C. Mitchell, Riverhead, NY (Felice B. Milani of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, NY (Caren C. Manzello of counsel), for respondent.

Opinion

Appeal by the defendant from a judgment of the County Court, Suffolk County (Cohen, J.), rendered July 9, 2014, convicting him of manslaughter in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the record demonstrates that he knowingly, intelligently, and voluntarily waived his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The defendant's valid appeal waiver precludes the review of his challenges to the denial of his suppression motion (see People v. Hicks, 134 A.D.3d 854, 854, 19 N.Y.S.3d 907 ), the factual sufficiency of his plea allocution for the charge of manslaughter in the second degree (see id. at 854, 19 N.Y.S.3d 907 ), and the alleged excessiveness of the sentence imposed (see People v. Lopez, 6 N.Y.3d at 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

LEVENTHAL, J.P., MILLER, DUFFY and CONNOLLY, JJ., concur.


Summaries of

People v. Conway

Supreme Court, Appellate Division, Second Department, New York.
Jun 29, 2016
140 A.D.3d 1185 (N.Y. App. Div. 2016)
Case details for

People v. Conway

Case Details

Full title:The PEOPLE, etc., respondent, v. Kevin CONWAY, appellant.

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

Date published: Jun 29, 2016

Citations

140 A.D.3d 1185 (N.Y. App. Div. 2016)
140 A.D.3d 1185
2016 N.Y. Slip Op. 5165

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