People v Morales

People v Morales 2014 NY Slip Op 00466 Decided on January 28, 2014 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 28, 2014
Acosta, J.P., Saxe, Moskowitz, Feinman, JJ.
11601 1169/08

[*1]The People of the State of New York, Respondent,

v

Robert Morales, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Heidi Bota of
counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Rebecca L.
Johannesen of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Steven L. Barrett, J.), rendered June 29, 2011, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree and criminal sale of a firearm in the second degree, and sentencing him to concurrent terms of seven years, unanimously affirmed.

Although the record does not establish a valid waiver of defendant's right to appeal, we find that the court properly
exercised its discretion in denying youthful offender treatment, and we perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 28, 2014

CLERK