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The People of the State of New York v. Ermal Qoshja

New York Supreme and/or Appellate Courts Appellate Division, First Department


January 17, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
ERMAL QOSHJA,
DEFENDANT-APPELLANT.

People v Qoshja

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 17, 2012

Tom, J.P., Saxe, Friedman, Catterson, JJ.

Upon remittitur from the Court of Appeals (__ NY3d __, 2011 NY Slip Op 08180 [Nov. 15, 2011]), judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered on or about September 8, 2008, convicting defendant, upon his plea of guilty, of four counts of robbery in the first degree, one count of robbery in the second degree, and three counts of kidnapping in the second degree, and sentencing him to concurrent terms of 22 years and five years of postrelease supervision, unanimously affirmed.

Regardless of the validity of defendant's waiver of his right to appeal, we see no reason to reduce the sentence in the interest of justice, given the gravity of the crimes to which he admitted. We note that, had defendant been convicted after trial of all counts of the indictment, he could have received an aggregate sentence of as many as 50 years.

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

ENTERED: JANUARY 17, 2012

CLERK

20120117

© 1992-2012 VersusLaw Inc.



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