| People v Pereira-Orlando |
| 2016 NY Slip Op 04123 [139 AD3d 616] |
| May 31, 2016 |
| 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 Omar Pereira-Orlando, Appellant. |
Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Emily Anne Aldridge of counsel), for respondent.
Judgment, Supreme Court, Bronx County (George Villegas, J.), rendered October 1, 2014, convicting defendant, upon a plea of guilty, of aggravated driving while intoxicated, in violation of Vehicle and Traffic Law section 1192 (2-a) (b), and sentencing him to a term of probation of five years and imposing a fine of $1,000, unanimously affirmed.
Although we do not find that defendant made a valid waiver of the right to appeal (see People v Powell, 134 AD3d 647 [1st Dept 2015]), we perceive no basis for reducing the sentence. Concur—Mazzarelli, J.P., Moskowitz, Manzanet-Daniels and Gesmer, JJ.