PEOPLE v. LOVINES

695 KA 19-01915.

208 A.D.3d 1639 (2022)

174 N.Y.S.3d 664

2022 NY Slip Op 05454

The People of the State of New York, Respondent, v. Kyle Lovines, Appellant.

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

Decided September 30, 2022.


Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( DEBORAH K. JESSEY OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN , DISTRICT ATTORNEY, BUFFALO ( MINDY F. VANLEUVAN OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Peradotto, NeMoyer, Curran and Bannister, JJ.


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

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of manslaughter in the first degree (Penal Law § 125.20[1]), defendant contends that his waiver of the right to appeal is invalid and that the sentence imposed is unduly harsh and severe. Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid and therefore does not preclude our...

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