PEOPLE v. BURKE

581 KA 19-00545.

197 A.D.3d 967 (2021)

153 N.Y.S.3d 338

2021 NY Slip Op 04857

The People of the State of New York, Respondent, v. Milton Burke, Appellant.

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE ( DONALD R. GERACE OF COUNSEL), FOR DEFENDANT-APPELLANT.

MILTON BURKE, DEFENDANT-APPELLANT PRO SE.

WILLIAM J. FITZPATRICK , DISTRICT ATTORNEY, SYRACUSE ( JESSICA N. CARBONE OF COUNSEL), FOR RESPONDENT.

Present—Carni, J.P., Lindley, Curran, Bannister and DeJoseph, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of attempted assault in the first degree (Penal Law §§ 110.00, 120.10[1]), and criminal possession of a weapon in the second degree (§ 265.03[3]). We affirm.

Addressing first defendant's contentions in his main brief, we reject his contention that County Court erred in granting the People...

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