Opinion
2014-05-13
The PEOPLE of the State of New York, Respondent, v. Kamal THOMAS, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Lauren Springer of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Lauren Springer of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.
Judgment, Supreme Court, New York County (Maxwell Wiley, J.), rendered June 20, 2012, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree (two counts), criminal possession of a weapon in the third degree and criminal possession of a controlled substance in the fifth degree, and sentencing him to an aggregate term of 12 years, unanimously affirmed.
As the People concede, the record does not establish a valid waiver of defendant's right to appeal. However, we perceive no basis for reducing the sentence.
Defendant's argument that his plea should be vacated in the event of this Court's reversal of another conviction has been rendered academic by our affirmance of that conviction (People v. Thomas, 115 A.D.3d 496, 981 N.Y.S.2d 697). TOM, J.P., ACOSTA, MOSKOWITZ, GISCHE, CLARK, JJ., concur.