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People v. Pereira-Orlando

139 A.D.3d 616 Court N.Y. App. Div. Decision date 2016-05-31 English

Judges Concur — Mazzarelli, J.P., Moskowitz, Manzanet-Daniels and Gesmer, JJ.

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p. 616
The People of the State of New York, Respondent, v Omar Pereira-Orlando, Appellant.
[30 NYS3d 855]

Judgment, Supreme Court, Bronx County (George Villegas, J.), rendered

p. 617
October 1, 2014, convicting defendant, upon a plea of guilty, of aggravated driving while intoxicated, in violation of Vehicle and Traffic Law section 1192 (2-a) (b), and sentencing him to a term of probation of five years and imposing a fine of $1,000, unanimously affirmed.

Although we do not find that defendant made a valid waiver of the right to appeal (see People v Powell, 134 AD3d 647 [1st Dept 2015]), we perceive no basis for reducing the sentence.

Concur — Mazzarelli, J.P., Moskowitz, Manzanet-Daniels and Gesmer, JJ.

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