People v. Holmes

People v Holmes (2014 NY Slip Op 07684)

People v Holmes

2014 NY Slip Op 07684

Decided on November 12, 2014

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 November 12, 2014 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
ROBERT J. MILLER
JOSEPH J. MALTESE, JJ.

2012-08897
(Ind. No. 2676-10)

[*1]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.

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