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2016 NY Slip Op 05165
N.Y. App. Div. 2nd
2016

People v Conway

Appellate Division, Second Department

June 29, 2016

2016 NY Slip Op 05165 [140 AD3d 1185]

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 3, 2016

The People of the State of New York, Respondent, v Kevin Conway, Appellant.

Robert C. Mitchell, Riverhead, NY (Felice B. Milani of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, NY (Caren C. Manzello of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Cohen, J.), rendered July 9, 2014, convicting him of manslaughter in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant‘s contention, the record demonstrates that he knowingly, intelligently, and voluntarily waived his right to appeal (see People v Lopez, 6 NY3d 248, 256 [2006]). The defendant‘s valid appeal waiver precludes the review of his challenges to the denial of his suppression motion (see People v Hicks, 134 AD3d 854, 854 [2015]), the factual sufficiency of his plea allocution for the charge of manslaughter in the second degree (see id. at 854), and the alleged excessiveness of the sentence imposed (see People v Lopez, 6 NY3d at 256). Leventhal, J.P., Miller, Duffy and Connolly, JJ., concur.

Case Details

Case Name: People v Conway
Court Name: Appellate Division of the Supreme Court, Second Department
Date Published: Jun 29, 2016
Citations: 2016 NY Slip Op 05165; 140 AD3d 1185; 2014-08606
Docket Number: 2014-08606
Court Abbreviation: N.Y. App. Div. 2nd
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