People v. Ortega

Full title: The People of the State of New York, Respondent, v. Jose Ortega…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Nov 29, 2016

2016 N.Y. Slip Op. 8013 (N.Y. App. Div. 2016)

Opinion

2329 3624/13

11-29-2016

The People of the State of New York, Respondent, v. Jose Ortega, Defendant-Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Shannon Henderson of counsel), for respondent.

Friedman, J.P., Sweeny, Saxe, Kapnick, Gesmer, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Shannon Henderson of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Denis J. Boyle J.), rendered July 17, 2014, as amended August 21, 2014, unanimously affirmed.

Although we do not find that defendant made a valid waiver of the right to appeal, we perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 29, 2016

CLERK