| People v Agosto |
| 2015 NY Slip Op 09625 [134 AD3d 643] |
| December 29, 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 Jesus Agosto, Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (Eve Kessler of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Eric C. Washer of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered October 17, 2013, convicting defendant, upon his plea of guilty, of burglary in the third degree (Penal Law § 140.20), and sentencing him to an aggregate term of from 1 to 3 years, 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., Sweeny, Manzanet-Daniels and Gische, JJ.