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PEOPLE, res, v. JAVANN GARNES, def-ap

4861-4861A. PEOPLE, res, v. JAVANN GARNES, def-ap — Feldman and Feldman, Uniondale (Steven A. Feldman of counsel), for ap — JAVANN GARNES, APPELLANT PRO SE. Cyrus R. Vance, Jr., District Attorney, New York (Alexander Michaels of counsel), for res — Judgment, Supreme Court, New York County (Patricia M. Nuez, J.), rendered March 6, 2014, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him to a term of five years' probation; and judgment, same court (Edward J. McLaughlin, J.), rendered October 15, 2015, convicting defendant, upon his plea of guilty, of conspiracy in the second degree, and sentencing him to a term of 5 to 16 years, and also convicting him of violation of probation, revoking the above-mentioned sentence of probation and resentencing him to a consecutive term of 2 years, unanimously affirmed.

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4861-4861A. PEOPLE, res, v. JAVANN GARNES, def-ap — Feldman and Feldman, Uniondale (Steven A. Feldman of counsel), for ap — JAVANN GARNES, APPELLANT PRO SE. Cyrus R. Vance, Jr., District Attorney, New York (Alexander Michaels of counsel), for res — Judgment, Supreme Court, New York County (Patricia M. Nuez, J.), rendered March 6, 2014, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him to a term of five years’ probation; and judgment, same court (Edward J. McLaughlin, J.), rendered October 15, 2015, convicting defendant, upon his plea of guilty, of conspiracy in the second degree, and sentencing him to a term of 5 to 16 years, and also convicting him of violation of probation, revoking the above-mentioned sentence of probation and resentencing him to a consecutive term of 2 years, unanimously affirmed.

Although we do not find that defendant made a valid waiver of the right to appeal, we perceive no basis for reducing the sentences or running them concurrently.

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