The People of the State of New York, Respondent, v. Kamal Thomas, Defendant–Appellant. (2014)

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

The People of the State of New York, Respondent, v. Kamal Thomas, Defendant–Appellant.

1248 2

Decided: May 13, 2014

Tom, J.P., Acosta, Moskowitz, Gische, Clark, JJ.

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, AD3d, 2014 N.Y. Slip Op 01564).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

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