Opinion
05-19-2016
The PEOPLE of the State of New York, Respondent, v. Dwayne TAYLOR, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Sharmeen Mazumder of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (David P. Johnson of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Sharmeen Mazumder of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (David P. Johnson of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Steven Lloyd Barrett, J.), rendered September 11, 2013, convicting defendant, upon his plea of guilty, of assault in the first degree and attempted conspiracy in the first degree, and sentencing him, as a second violent felony offender, to an aggregate term of 18 years, unanimously affirmed.
The court properly adjudicated defendant a second violent felony offender, because, as we have repeatedly held in cases presenting the same issue, a conviction of criminal possession of a weapon in the third degree pursuant to former Penal Law § 265.02(4) qualifies as a violent felony (see e.g. People v. McGhee, 125 A.D.3d 537, 4 N.Y.S.3d 186 [1st Dept.2015], lv. granted 26 N.Y.3d 968, 18 N.Y.S.3d 605, 40 N.E.3d 583 [2015] ; People v. Thomas, 122 A.D.3d 489, 995 N.Y.S.2d 508 [1st Dept.2014], lv. denied 24 N.Y.3d 1123, 3 N.Y.S.3d 764, 27 N.E.3d 478 [2015] ).
Although we find that defendant did not make a valid waiver of his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ), we perceive no basis for reducing the sentence.
TOM, J.P., SAXE, RICHTER, GISCHE, WEBBER, JJ., concur.