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People v. Holmes

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 12, 2014
2014 N.Y. Slip Op. 7684 (N.Y. App. Div. 2014)

Opinion

2012-08897

11-12-2014

The People of the State of New York, respondent, v. Corey Holmes, appellant.

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.


L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ. (Ind. No. 2676-10)

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Condon, J.), rendered August 22, 2012, 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 valid waiver of his right to appeal precludes review of his claims that the procedure used to adjudicate him a second violent felony offender was defective (see People v Huggins, 105 AD3d 760, 761; People v Kosse, 94 AD3d 908) and that the sentence imposed was excessive (see People v Ramos, 7 NY3d 737, 738; People v Lopez, 6 NY3d 248, 253; People v Muniz, 91 NY2d 570, 575; People v Seaberg, 74 NY2d 1, 11; People v Mack, 119 AD3d 875, 876).

RIVERA, J.P., HALL, AUSTIN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Holmes

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 12, 2014
2014 N.Y. Slip Op. 7684 (N.Y. App. Div. 2014)
Case details for

People v. Holmes

Case Details

Full title:The People of the State of New York, respondent, v. Corey Holmes…

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

Date published: Nov 12, 2014

Citations

2014 N.Y. Slip Op. 7684 (N.Y. App. Div. 2014)