People v. Pacheco

Appellate Division of the Supreme Court of New York

People v. Pacheco

34 A.D.3d 318, 823 N.Y.S.2d 671

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 16, 2006

StatusPublished

This text of 34 A.D.3d 318 (People v. Pacheco) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Pacheco, 34 A.D.3d 318, 823 N.Y.S.2d 671 (N.Y. Ct. App. 2006).

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Opinion

Judgment, Supreme Court, Bronx County (Nicholas J. Iacovetta, J., at plea; John E Collins, J., at sentence), rendered September 10, 2003, as amended August 30, 2006, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to a term of 41/2 to 9 years, and judgment, same court (John N. Byrne, J.), rendered October 15, 2003, convicting defendant, upon his plea of guilty, of robbery in the third degree, and sentencing him, as a second felony offender, to a consecutive term of 21/2 to 5 years, unanimously affirmed.

Defendant’s waiver of his right to appeal his robbery conviction did not meet the requirements of People v Lopez (6 NY3d 248 [2006]). In any event, regardless of the validity of defen[319]*319dant’s appeal waiver, we perceive no basis for reducing the sentences.

Since the clerical error at issue has already been corrected, defendant’s claim concerning a DNA databank fee is moot. Concur—Buckley, P.J., Mazzarelli, Nardelli, Catterson and Malone, JJ.

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Judgment, Supreme Court, Bronx County (Nicholas J. Iacovetta, J., at plea; John E Collins, J., at sentence), rendered September 10, 2003, as amended August 30, 2006, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to a term of 41/2 to 9 years, and judgment, same court (John N. Byrne, J.), rendered October 15, 2003, convicting defendant, upon his plea of guilty, of robbery in the third degree, and sentencing him, as a second felony offender, to a consecutive term of 21/2 to 5 years, unanimously affirmed.

Defendant’s waiver of his right to appeal his robbery conviction did not meet the requirements of People v Lopez (6 NY3d 248 [2006]). In any event, regardless of the validity of defen[319]*319dant’s appeal waiver, we perceive no basis for reducing the sentences.

Since the clerical error at issue has already been corrected, defendant’s claim concerning a DNA databank fee is moot. Concur—Buckley, P.J., Mazzarelli, Nardelli, Catterson and Malone, JJ.

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Bluebook (online)

34 A.D.3d 318, 823 N.Y.S.2d 671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pacheco-nyappdiv-2006.

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