| People v Garcia |
| 2026 NY Slip Op 00849 [246 AD3d 521] |
| February 17, 2026 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Juan Garcia, Appellant. |
Twyla Carter, The Legal Aid Society, New York (Rebecca D. Martin of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Joseph Tucker of counsel), for respondent.
Crimes
- Identification of Defendant
- Lineup
Judgment, Supreme Court, Bronx County (Marsha Michael, J., at suppression hearing; Jeanette Rodriguez-Morick, J., at plea and sentencing), rendered November 15, 2021, convicting defendant of manslaughter in the first degree, and sentencing him to a term of 17 years, unanimously affirmed.
Defendant's valid waiver of his right to appeal (see People v Thomas, 34 NY3d 545 [2019], cert denied 589 US 1302 [2020]) forecloses review of his claims that he was identified in an unduly suggestive lineup, and that his sentence is excessive (see People v Bawa, 234 AD3d 601, 602 [1st Dept 2025], lv denied 43 NY3d 943 [2025]). As an alternative holding, we find that the lineup comported with constitutional requirements (see People v Marshall, 26 NY3d 495, 506 [2015]), and we perceive no basis for reducing defendant's sentence. Concur—Manzanet-Daniels, J.P., Kapnick, Pitt-Burke, Higgitt, Rosado, JJ.