PEOPLE v. JEAN (2020)

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

The PEOPLE of the State of New York, Respondent, v. Vladimir JEAN, Defendant–Appellant.

11890

Decided: September 29, 2020

Acosta, P.J., Webber, Moulton, Shulman, JJ.

Janet E. Sabel, The Legal Aid Society, New York (Harold V. Ferguson, Jr., of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Elizabeth T. Schmidt of counsel), for respondent.

Judgment, Supreme Court, New York County (Ann Scherzer, J.), rendered December 5, 2018, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to a term of 61/212 years, to run concurrently with the sentence imposed under Indictment No. 4206/16, unanimously affirmed.

Defendant's contention that his guilty plea should be vacated in the event this Court reverses the conviction under Indictment No. 4206/16 (see People v. Fuggazzatto, 62 N.Y.2d 862, 863, 477 N.Y.S.2d 619, 466 N.E.2d 159 [1984] ) is rendered moot by this Court's affirmance of that conviction (183 A.D.3d 405, 121 N.Y.S.3d 603 [1st Dept. 2020], lv denied 35 N.Y.3d 1046, 127 N.Y.S.3d 848, 151 N.E.3d 529 [2020] ).

We perceive no basis to reduce the sentence.

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