| People v Hernandez |
| 2017 NY Slip Op 07338 [154 AD3d 560] |
| October 19, 2017 |
| 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 Sean Charles Hernandez, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Meaghan L. Powers of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Ethan Greenberg, J.), rendered February 4, 2016,
convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in
the fourth degree, and sentencing him to a term of 1
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], lv denied 28 NY3d 1074 [2016]), we perceive no basis for reducing the sentence. Concur—Manzanet-Daniels, J.P., Mazzarelli, Moskowitz, Kahn and Kern, JJ.