PEOPLE v. SMITH

409 KA 18-02048.

194 A.D.3d 1407 (2021)

143 N.Y.S.3d 629

2021 NY Slip Op 02925

The People of the State of New York, Respondent, v. Dashawn Smith, Appellant.

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

Decided May 7, 2021.


Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( HELEN SYME OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( LISA GRAY OF COUNSEL), FOR RESPONDENT.

Present—Carni, J.P., Lindley, NeMoyer, Curran and Bannister, 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 weapon in the second degree (Penal Law §§ 110.00, 265.03[3]), defendant contends that Supreme Court erred in accepting his plea without further inquiry into whether defendant was aware of a possible defense based on the operability of the gun. Although that contention...

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