PEOPLE v. MAGEE

843 KA 17-01753.

175 A.D.3d 1824 (2019)

107 N.Y.S.3d 767

2019 NY Slip Op 06926

The People of the State of New York, Respondent, v. Jeffrey R. Magee, Appellant.

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

September 27, 2019.


Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( JAMES M. SPECYAL OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOSEPH V. CARDONE , DISTRICT ATTORNEY, ALBION ( SUSAN M. HOWARD OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Smith, DeJoseph, Curran and Winslow, JJ.


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 attempted criminal possession of a controlled substance in the third degree (Penal Law §§ 110.00, 220.16 [1]), defendant contends that he did not validly waive his right to appeal and that the sentence is unduly harsh and severe. The record establishes, however, that defendant's waiver of the right...

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