People v Qoshja
2012 NY Slip Op 00236 [91 AD3d 497]
January 17, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 29, 2012


The People of the State of New York, Respondent,
v
Ermal Qoshja, Appellant.

[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Lisa Packard of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Patricia Curran of counsel), for respondent.

Upon remittitur from the Court of Appeals (17 NY3d 910 [2011]), judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered on or about September 8, 2008, convicting defendant, upon his plea of guilty, of four counts of robbery in the first degree, one count of robbery in the second degree, and three counts of kidnapping in the second degree, and sentencing him to concurrent terms of 22 years and five years of postrelease supervision, unanimously affirmed.

Regardless of the validity of defendant's waiver of his right to appeal, we see no reason to reduce the sentence in the interest of justice, given the gravity of the crimes to which he admitted. We note that, had defendant been convicted after trial of all counts of the indictment, he could have received an aggregate sentence of as many as 50 years. Concur—Tom, J.P., Saxe, Friedman and Catterson, JJ.