People v. Garcia

Decision Date09 June 2016
Citation2016 N.Y. Slip Op. 04459,140 A.D.3d 480,31 N.Y.S.3d 883 (Mem)
PartiesThe PEOPLE of the State of New York, Respondent, v. Rolando GARCIA, Defendant–Appellant.
CourtNew York Supreme Court — Appellate Division

140 A.D.3d 480
31 N.Y.S.3d 883 (Mem)
2016 N.Y. Slip Op. 04459

The PEOPLE of the State of New York, Respondent,
v.
Rolando GARCIA, Defendant–Appellant.

Supreme Court, Appellate Division, First Department, New York.

June 9, 2016.


Richard M. Greenberg, Office of the Appellate Defender, New York (Joseph M. Nursey of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (James Wen of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Steven Barrett, J.), rendered, June 13, 2014 convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 25 years, unanimously affirmed.

Although we do not find that defendant made a valid waiver of the right to appeal, we perceive no basis for reducing the sentence.

MAZZARELLI, J.P., ACOSTA, SAXE, KAPNICK, KAHN, JJ., concur.

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3 cases
  • Garcia v. Lamanna
    • United States
    • U.S. District Court — Southern District of New York
    • 20 November 2019
    ...waiver of his right to appeal was invalid, but declined to reduce his sentence. (Doc. No. 2-1, 2.); see also People v. Garcia, 31 N.Y.S.3d 883 (App.Div. 1st Dep't 2016). Plaintiff sought leave to appeal to the New York Court of Appeals on June 30, 2016 (Doc. No. 13-5, 1), and leave was deni......
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    • United States
    • New York Supreme Court — Appellate Division
    • 9 June 2016
  • CPS 227 LLC v. Brody
    • United States
    • New York Supreme Court — Appellate Division
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