Opinion
15300 Ind. No. 0199/19 Case No. 2019–4076
02-15-2022
The PEOPLE of the State of New York, Respondent, v. Angel COLON, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Zoe Root of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Morgan Namian of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Zoe Root of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Morgan Namian of counsel), for respondent.
Kapnick, J.P., Webber, Gesmer, Scarpulla, Shulman, JJ.
Judgment, Supreme Court, Bronx County (Barry E. Warhit, J.), rendered March 11, 2019, convicting defendant, upon his plea of guilty, of two counts of attempted manslaughter in the second degree, and sentencing him, as a second felony offender, to consecutive terms of 3½ to 7 years, unanimously affirmed.
The court lawfully imposed consecutive sentences. Defendant's plea allocution establishes that, within the same incident, defendant committed a separate act against each of his two victims (see People v. Ramirez, 89 N.Y.2d 444, 454–455, 654 N.Y.S.2d 998, 677 N.E.2d 722 [1996] ; People v. Brathwaite, 63 N.Y.2d 839, 482 N.Y.S.2d 253, 472 N.E.2d 29 [1984] ).
Defendant made a 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. ––––, 140 S. Ct. 2634, 206 L.Ed.2d 512 [2020] ; People v. Bryant, 28 N.Y.3d 1094, 1096, 45 N.Y.S.3d 335, 68 N.E.3d 60 [2016] ), which forecloses review of his excessive sentence claim. In any event, we perceive no basis for reducing the sentences or running them concurrently.