Opinion
No. 17055 Ind. No. 439/17 Case No. 2019-5296
01-10-2023
The People of the State of New York, Respondent, v. Angel Pimentel, Defendant-Appellant.
Twyla Carter, The Legal Aid Society, New York (Sarah Chaudhry of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Stephanie L. Nelson of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Sarah Chaudhry of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Stephanie L. Nelson of counsel), for respondent.
Before: Acosta, P.J., Webber, Moulton, Shulman, Higgitt, JJ.
Judgment, Supreme Court, Bronx County (Shari R. Michels, J.), rendered March 14, 2018, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him to a term of 3½ years, unanimously affirmed.
Defendant made a valid waiver of his right to appeal (see People v Thomas, 34 N.Y.3d 545 [2019], cert denied 589 U.S. --, 140 S.Ct. 2634 [2020]; People v Bryant, 28 N.Y.3d 1094 [2016]), which forecloses review of his excessive sentence claim. In any event, we perceive no basis for reducing defendant's five-year term of postrelease supervision.
We decline to revisit this Court's prior order, which denied defendant's motion for disclosure of grand jury minutes. Defendant seeks access to these minutes for the purpose of raising an evidentiary claim that would be foreclosed by his guilty plea (see People v Hansen, 95 N.Y.2d 227, 230 [2000]), as well as his appeal waiver.