People v Barrera
2022 NY Slip Op 01743 [203 AD3d 516]
March 15, 2022
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 4, 2022


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

Feldman and Feldman, Manhasset (Steven A. Feldman of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Diana J. Lewis of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Marc Whiten, J.), rendered May 27, 2014, convicting defendant, upon his plea of guilty, of rape in the first degree, and sentencing him to a term of 12 years, unanimously affirmed.

Defendant was sentenced in accordance with the court's promise of 12 years' imprisonment and 20 years' postrelease supervision. Defendant's claim to the contrary is refuted by the enlarged record, which includes a corrected transcript of the plea minutes that the People obtained in response to defendant's unsuccessful postconviction motion.

Although, as the People concede, the record does not establish a valid waiver of defendant's right to appeal, we perceive no basis for reducing the sentence. Concur—Webber, J.P., Moulton, Kennedy, Mendez, Pitt, JJ.