PEOPLE v. ROSS


26 A.D.3d 887 (2006)

807 N.Y.S.2d 906

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EZIKEL ROSS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 3, 2006.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him, upon a plea of guilty, of attempted criminal possession of a weapon in the third degree (Penal Law §§ 110.00, 265.02). We reject the contention of defendant that County Court erred in sentencing him as a second felony offender. Defendant waived strict compliance with CPL 400.21 when...

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