PEOPLE v. GONZALES

276 KA 19-00589.

197 A.D.3d 880 (2021)

150 N.Y.S.3d 647

2021 NY Slip Op 04808

The People of the State of New York, Respondent, v. Alex Gonzales, Appellant.

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

CHARLES J. GREENBERG , AMHERST, FOR DEFENDANT-APPELLANT.

MARK S. SINKIEWICZ , DISTRICT ATTORNEY, WATERLOO, FOR RESPONDENT.

Present—Whalen, P.J., Lindley, Curran 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 attempted promoting prison contraband in the first degree (Penal Law §§ 110.00, 205.25[2]), defendant contends that his waiver of the right to appeal is invalid and that County Court should have granted his request at sentencing to withdraw his plea. We agree with defendant that his waiver is unenforceable...

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