PEOPLE v. MITCHELL

110864.

197 A.D.3d 1438 (2021)

151 N.Y.S.3d 654

2021 NY Slip Op 05045

The People of the State of New York, Respondent, v. John Mitchell, Appellant.

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

Decided September 23, 2021.


Attorney(s) appearing for the Case

Lisa A. Burgess , Indian Lake, for appellant.

J. Anthony Jordan , District Attorney, Fort Edward ( Taylor Fitzsimmons of counsel), for respondent.

Garry, P.J., Egan Jr., Clark, Aarons and Colangelo, JJ., concur.


Defendant was charged in a four-count indictment with various crimes stemming from the sale of heroin on two occasions. In satisfaction of those charges, as well as pending charges in Town Court, defendant pleaded guilty under count 1 of the indictment to criminal sale of a controlled substance in the third degree. As part of the plea agreement, defendant waived his right to appeal and executed a written waiver of appeal. In accordance with the terms of the agreement, County...

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