People v Morales
2014 NY Slip Op 00466 [113 AD3d 559]
January 28, 2014
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 5, 2014


The People of the State of New York, Respondent,
v
Robert Morales, Appellant.

[*1] Steven Banks, The Legal Aid Society, New York (Heidi Bota of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Rebecca L. Johannesen of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Steven L. Barrett, J.), rendered June 29, 2011, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree and criminal sale of a firearm in the second degree, and sentencing him to concurrent terms of seven years, unanimously affirmed.

Although the record does not establish a valid waiver of defendant's right to appeal, we find that the court properly exercised its discretion in denying youthful offender treatment, and we perceive no basis for reducing the sentence. Concur—Acosta, J.P., Saxe, Moskowitz and Feinman, JJ.