Opinion
11810 Ind. 1611/14
07-09-2020
The PEOPLE of the State of New York, Respondent, v. Steven ROGERS, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Scott H. Henney of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Michael D. Tarbutton of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Scott H. Henney of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Michael D. Tarbutton of counsel), for respondent.
Friedman, J.P., Renwick, Gische, Mazzarelli, Moulton, JJ.
Judgment, Supreme Court, New York County (Edward J. McLaughlin, J. at plea; Ellen N. Biben, J. at sentencing), rendered April 4, 2017, convicting defendant of two counts of criminal possession of a controlled substance in the second degree, and sentencing him to concurrent prison terms of six years, with five years' postrelease supervision, unanimously affirmed.
The record establishes that the court pronounced sentence on each of the two counts on which defendant was convicted, thereby satisfying CPL 380.20. In context, the phrasing of the court's oral pronouncement of sentence had no possible meaning other than the imposition of concurrent sentences of six years, with five years' postrelease supervision, and all parties plainly understood the sentence as such (see People v. Schwartz , 7 A.D.3d 445, 446, 776 N.Y.S.2d 800 [1st Dept. 2004], lv denied 3 N.Y.3d 662, 782 N.Y.S.2d 704, 816 N.E.2d 577 [2004] ).
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] ; People v. Bryant , 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 [2016] ), which forecloses review of his excessive sentence claim. Regardless of the validity of defendant's appeal waiver, we perceive no basis for reducing the sentence.