The trial court properly determined, after due inquiry, that defendant's display of a loaded handgun to "scare * * * off" others was a menacing action constituting the crime of criminal possession of a weapon in the second degree under Penal Law § 265.03. The record indicates that defendant entered a knowing, intelligent and voluntary guilty plea that included an express waiver of his right to appeal the conviction (see, People v Seaberg,
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PEOPLE v. BENNETT
223 A.D.2d 431 (1996)
637 N.Y.S.2d 7
The People of the State of New York, Respondent, v. Milton Bennett, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
January 18, 1996
January 18, 1996
Appellate Division of the Supreme Court of the State of New York, First Department.
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