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People v. Hernandez

154 A.D.3d 560 Court N.Y. App. Div. Decision date 2017-10-19 English

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

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p. 560
The People of the State of New York, Respondent, v Sean Charles Hernandez, Appellant.
[62 NYS3d 265]

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 IV2 years, unanimously affirmed.

Although we do not find that defendant made a valid waiver of the right to appeal (see People v Powell, 140 AD3d 401 [1st Dept 2016], lv denied 28 NY3d 1074 [2016]), we perceive no basis for reducing the sentence.

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

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