PEOPLE v. KUBIAK

542 KA 19-01985.

195 A.D.3d 1451 (2021)

145 N.Y.S.3d 471

2021 NY Slip Op 03741

The People of the State of New York, Respondent, v. Gene A. Kubiak, Appellant.

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

Decided June 11, 2021.


Attorney(s) appearing for the Case

PETER J. DIGIORGIO, JR. , UTICA, FOR DEFENDANT-APPELLANT.

JEFFREY S. CARPENTER , DISTRICT ATTORNEY, HERKIMER ( ROBERT R. CALLI, JR. , OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., Peradotto, Curran, Winslow 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 third degree (Penal Law § 265.02[7]), defendant contends that he did not validly waive his right to appeal and that the sentence is unduly harsh and severe. We agree with defendant that he did not validly waive his right to appeal. As the People correctly concede...

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