People v. Fana

Full title: The People of the State of New York, Respondent, v. Manuel Fana…

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

Date published: Jun 16, 2016

140 A.D.3d 534 (N.Y. App. Div. 2016)

2016 N.Y. Slip Op. 4812

32 N.Y.S.3d 495

Opinion

1494 994N/14

06-16-2016

The People of the State of New York, Respondent, v. Manuel Fana, Defendant-Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Lauren Springer of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey A. Wojcik of counsel), for respondent.

Acosta, J.P., Renwick, Saxe, Richter, Gische, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Lauren Springer of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey A. Wojcik of counsel), for respondent.

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered October 14, 2014, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to an aggregate term of five years, followed by two years of post-release supervision, 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: JUNE 16, 2016

CLERK