People v. Brathwaite

2018 NY Slip Op 3747

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 24, 2018
• Docket: 6658 682/11
• Status: Published

Opinion

People v Brathwaite (2018 NY Slip Op 03747)

People v Brathwaite

2018 NY Slip Op 03747

Decided on May 24, 2018

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 24, 2018
Friedman, J.P., Gische, Andrias, Kern, Oing, JJ.

6658 682/11

[*1]The People of the State of New York, Respondent,

v

Kevin Brathwaite, Defendant-Appellant.

Christina A. Swarns, Office of the Appellate Defender, New York (Rosemary Herbert of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Kyle R. Silverstain of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Patricia DiMango, J. at plea and sentence), rendered July 9, 2013, unanimously affirmed.

Although we find that defendant did not make a valid waiver of the right to appeal, we perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 24, 2018

CLERK