New York Supreme and/or Appellate Courts Appellate Division, First Department
March 21, 2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
HECTOR MORALES, DEFENDANT-APPELLANT.
People v Morales
Decided on March 21, 2013
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Tom, J.P., Mazzarelli, Saxe, Moskowitz, Manzanet-Daniels, JJ.
Judgment, Supreme Court, Bronx County (Troy K. Webber, J.), rendered November 7, 2011, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 25 years, with 5 years' postrelease supervision, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the prison term to 20 years, and otherwise affirmed.
The record is insufficient to establish a valid waiver of defendant's right to appeal. We find the sentence excessive to the extent indicated.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: MARCH 21, 2013
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