Opinion
11890 Ind. No. 1499/17 Case No. 2019-2128
09-29-2020
The PEOPLE of the State of New York, Respondent, v. Vladimir JEAN, Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Harold V. Ferguson, Jr., of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Elizabeth T. Schmidt of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Harold V. Ferguson, Jr., of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Elizabeth T. Schmidt of counsel), for respondent.
Acosta, P.J., Webber, Moulton, Shulman, JJ.
Judgment, Supreme Court, New York County (Ann Scherzer, J.), rendered December 5, 2018, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to a term of 6½ years, to run concurrently with the sentence imposed under Indictment No. 4206/16, unanimously affirmed.
Defendant's contention that his guilty plea should be vacated in the event this Court reverses the conviction under Indictment No. 4206/16 (see People v. Fuggazzatto, 62 N.Y.2d 862, 863, 477 N.Y.S.2d 619, 466 N.E.2d 159 [1984] ) is rendered moot by this Court's affirmance of that conviction ( 183 A.D.3d 405, 121 N.Y.S.3d 603 [1st Dept. 2020], lv denied 35 N.Y.3d 1046, 127 N.Y.S.3d 848, 151 N.E.3d 529 [2020] ).
We perceive no basis to reduce the sentence.