PEOPLE v. TUMOLO

442 KA 15-01726.

149 A.D.3d 1544 (2017)

2017 NY Slip Op 03325

52 N.Y.S.3d 787

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN T. TUMOLO, Appellant.

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

Decided April 28, 2017.


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 criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]), defendant challenges the severity of his sentence. As a preliminary matter, we conclude that the waiver of the right to appeal is invalid because the perfunctory inquiry made by County Court was "insufficient to establish...

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