People v. Agosto ( 2016 )

People v Agosto (2016 NY Slip Op 06442)

People v Agosto

2016 NY Slip Op 06442

Decided on October 4, 2016

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 October 4, 2016
Tom, J.P., Sweeny, Andrias, Webber, Gesmer, JJ.

1796 3198/14

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

v

Yeritza Agosto, Defendant-Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Laura Boyd of Counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

Judgment, Supreme Court, New York County (Laura Ward, J.), rendered October 6, 2014, convicting defendant, upon his plea of guilty, of Grand Larceny in the Fourth Degree, and sentencing him to an aggregate term of five years probation, unanimously affirmed.

Although we do not find that defendant made 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: OCTOBER 4, 2016

CLERK