| People v Foster |
| 2015 NY Slip Op 08051 [133 AD3d 414] |
| November 5, 2015 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Gregory Foster, Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (Eve Kessler of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Katherine A. Gregory of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Edward M. Davidowitz, J., at plea; Barbara F. Newman, J., at sentence), rendered August 15, 2015, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]), and sentencing him to an aggregate term of two years of imprisonment with 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—Sweeny, J.P., Acosta, Richter and Manzanet-Daniels, JJ.