People v Fajardo
2019 NY Slip Op 08277 [177 AD3d 481]
November 14, 2019
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 1, 2020


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

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

Darcel D. Clark, District Attorney, Bronx (David A. Slott of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Albert Lorenzo, J.), rendered November 14, 2017, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the fourth and seventh degrees, and sentencing him, as a second felony drug offender, to an aggregate term of two years, unanimously affirmed.

Defendant's argument that his plea should be vacated in the event of this Court's reversal of a separate conviction has been rendered academic by our affirmance of that conviction (176 AD3d 465 [1st Dept 2019]). Concur—Gische, J.P., Webber, Kern, Moulton, JJ.