The Appellate Division of the New York Supreme Court has affirmed the sentence of Victor Cabral in response to his appeal claiming the sentence was excessive. This decision follows Cabral’s guilty plea and subsequent sentencing by Judge Heidi Cesare of the Supreme Court, Kings County, on Jan. 11, 2022.

Cabral, represented by attorney Patricia Pazner, appealed his sentence on the grounds that it was overly harsh. Cabral’s contention was that his right to an equitable sentence had been compromised. However, the key factor in the Appellate Division’s decision was the determination that Cabral had validly waived his right to appeal at the time of his guilty plea. 

The Appellate Division, in reviewing the case, focused on whether Cabral was adequately informed about the nature of an appeal waiver and its implications. The court found that the trial court had sufficiently advised Cabral about the waiver, ensuring he understood the separate and distinct nature of the right to appeal from other rights surrendered by pleading guilty.