People v. Pacheco

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 2006-11-16
Citations: 34 A.D.3d 318, 823 N.Y.S.2d 671
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Lead 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

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dant’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.