People v Anonymous

People v Anonymous 2007 NY Slip Op 00406 [36 AD3d 522] January 23, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 14, 2007

The People of the State of New York, Respondent,
v
Anonymous, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Carol A. Zeldin of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Jessica Slutsky of counsel), for respondent.

Judgments, Supreme Court, New York County (Charles H. Solomon, J.), rendered January 13, 2005, convicting defendant, upon his pleas of guilty, of criminal possession of a controlled substance in the third degree and bail jumping in the second degree, and sentencing him, as a second felony offender, to consecutive terms of 5 to 10 years and 1½ to 3 years, respectively, unanimously affirmed.

Defendant made a valid written and oral waiver of his right to appeal (see People v Lopez, 6 NY3d 248 [2006]). Were we to find that defendant did not make an enforceable waiver, we would nevertheless reject defendant's claims (see People v Callahan, 80 NY2d 273, 285 [1992]). We perceive no basis for reducing the sentence, and defendant's arguments for a reduced penalty under the Drug Law Reform Act (L 2004, ch 738) are without merit (People v Utsey, 7 NY3d 398 [2006]). Concur—Andrias, J.P., Sullivan, Williams, Gonzalez and Malone, JJ.