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PEOPLE v. ORTEGA

814 KA 18-00107.

175 A.D.3d 1810 (2019)

109 N.Y.S.3d 800

2019 NY Slip Op 06912

The People of the State of New York, Respondent, v. David Ortega, Appellant.

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

September 27, 2019.

Attorney(s) appearing for the Case

D.J. & J.A. CIRANDO, PLLC, SYRACUSE ( REBECCA L. KONST OF COUNSEL), FOR DEFENDANT-APPELLANT.

KRISTYNA S. MILLS , DISTRICT ATTORNEY, WATERTOWN, FOR RESPONDENT.

Present—Centra, J.P., Peradotto, Carni, Troutman and Winslow, JJ.

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted criminal possession of a controlled substance in the third degree (Penal Law §§ 110.00, 220.16 [1]). As an initial matter, defendant correctly contends and the People correctly concede that defendant's waiver of his right to appeal is...

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