People v. Ferreira

Full title: The People of the State of New York, Respondent, v. Timothy Ferreira…

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

Date published: Nov 29, 2016

2016 N.Y. Slip Op. 8024 (N.Y. App. Div. 2016)

Opinion

2344 1355/13

11-29-2016

The People of the State of New York, Respondent, v. Timothy Ferreira, Defendant-Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (David Bernstein of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Beth Kublin of counsel), for respondent.

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

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

Darcel D. Clark, District Attorney, Bronx (Beth Kublin of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Ralph Fabrizio, J. at hearing; Martin Marcus, J. at plea and sentence), rendered March 23, 2015, unanimously affirmed.

Although we do not find that defendant made a valid waiver of the right to appeal (see People v Powell, 140 AD3d 401 [1st Dept 2016]), 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