PEOPLE v. DRAKE

516 KA 19-00585.

195 A.D.3d 1442 (2021)

145 N.Y.S.3d 461

2021 NY Slip Op 03727

The People of the State of New York, Respondent, v. John Drake, Appellant.

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

Decided June 11, 2021.


Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( BARBARA J. DAVIES OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN , DISTRICT ATTORNEY, BUFFALO ( ASHLEY R. LOWRY OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Lindley, Troutman, Bannister and DeJoseph, 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 criminal possession of a weapon in the second degree (Penal Law § 265.03[3]) and criminal possession of a controlled substance in the fourth degree (§ 220.09[1]), defendant contends that his waiver of the right to appeal is invalid and that his sentence is unduly harsh and severe. The record establishes...

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