Opinion
10-19-2017
The PEOPLE of the State of New York, Respondent, v. Sean Charles HERNANDEZ, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Meaghan L. Powers of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Meaghan L. Powers of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Ethan Greenberg, J.), rendered February 4, 2016, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree, and sentencing him to a term of 1 ½ years, unanimously affirmed.
Although we do not find that defendant made a valid waiver of the right to appeal (see People v. Powell, 140 A.D.3d 401, 30 N.Y.S.3d 873 [1st Dept.2016], lv. denied 28 N.Y.3d 1074, 47 N.Y.S.3d 233, 69 N.E.3d 1029 [2016] ), we perceive no basis for reducing the sentence. MANZANET–DANIELS, J.P., MAZZARELLI, MOSKOWITZ, KAHN, KERN, JJ., concur.