PEOPLE v. KITCHING

433 KA 12-01988

128 A.D.3d 1356 (2015)

7 N.Y.S.3d 776

2015 NY Slip Op 03646

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID KITCHING, Appellant.

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

Decided May 1, 2015.


Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.), rendered January 24, 2012. The judgment convicted defendant, upon his plea of guilty, of gang assault in the second degree.

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

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of gang assault in the second degree (Penal Law § 120.06), defendant contends that the waiver of the...

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