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People v. Fana

140 A.D.3d 534 Court N.Y. App. Div. Decision date 2016-06-16 English

Judges Concur — Acosta, J.P., Renwick, Saxe, Richter and Gische, JJ.

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p. 534
The People of the State of New York, Respondent, v Manuel Fana, Appellant.
[32 NYS3d 495]

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered October 14, 2014, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third

p. 535
degree, and sentencing him, as a second felony offender, to an aggregate term of five years, followed by two years of post-release supervision, unanimously affirmed.

Although we do not find that defendant made a valid waiver of the right to appeal, we perceive no basis for reducing the sentence.

Concur — Acosta, J.P., Renwick, Saxe, Richter and Gische, JJ.