PEOPLE v. LUIS-GARCIA

508 KA 18-01833.

206 A.D.3d 1719 (2022)

169 N.Y.S.3d 457

2022 NY Slip Op 03851

The People of the State of New York, Respondent, v. Juan Luis-Garcia, Also Known as Indio, Appellant.

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

Decided June 10, 2022.


Attorney(s) appearing for the Case

JILL L. PAPERNO , ACTING PUBLIC DEFENDER, ROCHESTER ( WILLIAM CLAUSS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( KAYLAN C. PORTER OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Smith, Peradotto and Winslow, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of manslaughter in the first degree (Penal Law § 125.20[1]). As defendant contends and the People correctly concede, the record does not establish that defendant validly waived his right to appeal. Here, the rights encompassed by defendant's purported waiver of the right to appeal "were mischaracterized...

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