| People v Jean |
| 2020 NY Slip Op 05162 [186 AD3d 1175] |
| September 29, 2020 |
| 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 Vladimir Jean, Appellant. |
Janet E. Sabel, The Legal Aid Society, New York (Harold V. Ferguson, Jr., of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Elizabeth T. Schmidt of counsel), for respondent.
Judgment, Supreme Court, New York County (Ann Scherzer, J.), rendered December 5,
2018, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the
second degree, and sentencing him, as a second felony offender, to a term of 6
Defendant's contention that his guilty plea should be vacated in the event this Court reverses the conviction under indictment No. 4206/16 (see People v Fuggazzatto, 62 NY2d 862, 863 [1984]) is rendered moot by this Court's affirmance of that conviction (183 AD3d 405 [1st Dept 2020], lv denied 35 NY3d 1046 [2020]).
We perceive no basis to reduce the sentence. Concur—Acosta, P.J., Webber, Moulton, Shulman, JJ.