People v Thomas
2017 NY Slip Op 00735 [147 AD3d 425]
February 2, 2017
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 29, 2017


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

Seymour W. James, Jr., The Legal Aid Society, New York (Heidi Bota of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Dmitriy Povazhuk of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Michael A. Gross, J., at plea; John Moore, J., at sentencing), rendered September 23, 2014, unanimously affirmed.

Although we do not find that defendant made a valid waiver of the right to appeal (see People v Powell, 140 AD3d 401 [1st Dept 2016]), we perceive no basis for reducing the sentence. Concur—Sweeny, J.P., Acosta, Moskowitz, Kapnick and Kahn, JJ.