PEOPLE v. GARCIA (2026)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Juan GARCIA, Defendant–Appellant.

5811

Decided: February 17, 2026

Manzanet–Daniels, J.P., Kapnick, Pitt–Burke, Higgitt, Rosado, JJ.

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.

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 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. 1302, 140 S.Ct. 2634, 206 L.Ed.2d 512 [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 A.D.3d 601, 602, 224 N.Y.S.3d 77 [1st Dept. 2025], lv denied 43 N.Y.3d 943, 231 N.Y.S.3d 419, 257 N.E.3d 114 [2025]). As an alternative holding, we find that the lineup comported with constitutional requirements (see People v. Marshall, 26 N.Y.3d 495, 506, 25 N.Y.S.3d 58, 45 N.E.3d 954 [2015]), and we perceive no basis for reducing defendant's sentence.

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