PEOPLE v. JONES

909 KA 17-00185.

175 A.D.3d 1845 (2019)

109 N.Y.S.3d 774

2019 NY Slip Op 06954

The People of the State of New York, Respondent, v. James Jones, Jr., 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 ( SUSAN C. MINISTERO OF COUNSEL), FOR DEFENDANT-APPELLANT.

GREGORY J. MCCAFFREY , DISTRICT ATTORNEY, GENESEO ( JOSHUA J. TONRA OF COUNSEL), FOR RESPONDENT.

Present-Carni, J.P., Lindley, DeJoseph, Curran 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 criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). By failing to move to withdraw the plea or to vacate the judgment, defendant failed to preserve for our review his contention that, based on his alleged mental illness and comments that he made during the plea colloquy...

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