People v. Pereira-Orlando

139 A.D.3d 616, 30 N.Y.S.3d 855

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 31, 2016
• Docket: 1146 1694/14
• Status: Published

Opinion

Judgment, Supreme Court, Bronx County (George Villegas, J.), rendered October 1, 2014, convicting defendant, upon a plea of guilty, of aggravated driving while intoxicated, in violation of Vehicle and Traffic Law section 1192 (2-a) (b), and sentencing him to a term of probation of five years and imposing a fine of $1,000, unanimously affirmed.

Although we do not find that defendant made a valid waiver of the right to appeal (see People v Powell, 134 AD3d 647 [1st Dept 2015]), we perceive no basis for reducing the sentence.

Concur — Mazzarelli, J.P., Moskowitz, Manzanet-Daniels and Gesmer, JJ.