PEOPLE v. RIVERA

2018-00176. Ind. No. 1453/05.

189 A.D.3d 1084 (2020)

133 N.Y.S.3d 839

2020 NY Slip Op 07402

The People of the State of New York, Respondent, v. Enrique Rivera, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 9, 2020.


Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( David L. Goodwin of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , Solomon Neubort , and Terrence F. Heller of counsel), for respondent.

Mastro, J.P., Chambers, Iannacci and Wooten, JJ., concur.


Ordered that the order is affirmed.

The defendant, who was convicted of manslaughter in the first degree, was sentenced as a second violent felony offender to 25 years of imprisonment, to be followed by 5 years of postrelease supervision. The Supreme Court denied the defendant's subsequent motion pursuant to CPL 440.20 to set aside the sentence on the ground that it was illegal. We affirm.

The defendant contends that since he was sentenced to the 25-year statutory...

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