People v Johnson
2015 NY Slip Op 08086 [133 AD3d 439]
November 10, 2015
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 30, 2015


[*1]
 The People of the State of New York, Respondent,
v
James Johnson, Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Molly Ryan of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Bradley Gershel of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Ethan Greenberg, J., at plea; Raymond L. Bruce, J., at sentencing), rendered July 17, 2014, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him to an aggregate term of 11/2 years of imprisonment, to be followed by two years of postrelease 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—Mazzarelli, J.P., Andrias, Saxe and Moskowitz, JJ.