PEOPLE v. CURTIS

428 KA 19-00214.

196 A.D.3d 1145 (2021)

147 N.Y.S.3d 922

2021 NY Slip Op 04442

The People of the State of New York, Respondent, v. Elijah Curtis, Appellant.

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

Decided July 16, 2021.


Attorney(s) appearing for the Case

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE ( THOMAS M. LEITH OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK , DISTRICT ATTORNEY, SYRACUSE ( KENNETH H. TYLER, JR. , OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Peradotto, NeMoyer, Curran and DeJoseph, 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, inter alia, criminal possession of a controlled substance in the third degree (Penal Law § 220.16[1]). The People correctly concede that defendant did not validly waive his right to appeal (see People v Clark, 178 A.D.3d 1409, 1410 [4th Dept...

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