SCI 2462 09 v. Carlos Rangel, Defendant-Appellant. (2011)

Supreme Court, Appellate Division, First Department, New York.

The People of the State of New York, SCI / Respondent, Ind. 2462/09 v. Carlos Rangel, Defendant-Appellant.

4307 2574 08

Decided: February 17, 2011

Mazzarelli, J.P., Andrias, Moskowitz, Richter, Manzanet-Daniels, JJ.

Steven Banks, The Legal Aid Society, New York (Adrienne M. Gantt of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Brian J. Reimels of counsel), for respondent.

Judgments, Supreme Court, Bronx County (John P. Collins, J.), rendered July 10, 2009, convicting defendant, upon his pleas of guilty, of criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the third degree, and sentencing him to an aggregate term of 2 years with 2 years' postrelease supervision, unanimously affirmed.

Although we find that defendant's waiver of the right to appeal was invalid, we perceive no basis for reducing the term of postrelease supervision.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

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