PEOPLE v. JACKSON

727 KA 17-01712.

198 A.D.3d 1317 (2021)

154 N.Y.S.3d 731

2021 NY Slip Op 05212

The People of the State of New York, Respondent, v. Wilbert A. Jackson, II, Appellant.

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

Decided October 1, 2021.


Attorney(s) appearing for the Case

MARK D. FUNK , CONFLICT DEFENDER, ROCHESTER ( KATHLEEN P. REARDON OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Centra, NeMoyer, Troutman and Winslow, JJ.


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

Memorandum: On appeal from a judgment convicting him upon a plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03[3]), defendant contends that his waiver of the right to appeal is invalid. We reject that contention. Although language in the written waiver form arguably portrays the waiver as an absolute bar to the taking of an appeal (see generally...

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