People v. Quizhpe , 152 A.D.3d 799 ( 2017 )

People v Quizhpe (2017 NY Slip Op 05853)

People v Quizhpe

2017 NY Slip Op 05853

Decided on July 26, 2017

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on July 26, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RUTH C. BALKIN, J.P.
SANDRA L. SGROI
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.

2015-05039
(Ind. No. 15-00020)

[*1]The People of the State of New York, respondent,

v

Fredy Quizhpe, appellant.

Kenyon C. Trachte, Newburgh, NY, for appellant, and appellant pro se.

David M. Hoovler, District Attorney, Goshen, NY (Robert H. Middlemiss of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered May 19, 2015, convicting him of manslaughter in the first degree and aggravated vehicular assault, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

As the People correctly concede, the defendant's purported waiver of his right to appeal was invalid and, thus, does not preclude review of his excessive sentence claim (see People v Devaney, 146 AD3d 803). However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

The contentions raised in the defendant's pro se supplemental brief are without merit.

BALKIN, J.P., SGROI, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court