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PEOPLE v. BRADLEY

560 KA 17-01491.

196 A.D.3d 1168 (2021)

150 N.Y.S.3d 491

2021 NY Slip Op 04458

The People of the State of New York, Respondent, v. Gerald Bradley, Appellant.

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

Decided July 16, 2021.

Attorney(s) appearing for the Case

DIBBLE & MILLER, P.C., ROCHESTER ( CRAIG D. CHARTIER OF COUNSEL), FOR DEFENDANT-APPELLANT.

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

Present—Peradotto, J.P., Carni, Lindley, Curran and Bannister, 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 controlled substance in the third degree (Penal Law § 220.16[12]). Defendant contends that he is entitled to vacatur of the plea because, contrary to the alleged promise of County Court, he was not eligible for immediate...

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