PEOPLE v. GUMPTON

979 KA 19-00934.

199 A.D.3d 1485 (2021)

154 N.Y.S.3d 896

2021 NY Slip Op 06519

The People of the State of New York, Respondent, v. Priscilla Gumpton, Appellant.

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

Decided November 19, 2021.


Attorney(s) appearing for the Case

DAVID R. MORABITO , EAST ROCHESTER, FOR DEFENDANT-APPELLANT.

JOSEPH V. CARDONE , DISTRICT ATTORNEY, ALBION ( SUSAN M. HOWARD OF COUNSEL), FOR RESPONDENT.

Present— Carni, J.P., Lindley, NeMoyer, Winslow and Bannister, JJ.


It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Orleans County Court for further proceedings in accordance with the following memorandum: Defendant appeals from a judgment convicting her, upon her plea of guilty, of attempted promoting prison contraband in the first degree (Penal Law §§ 110.00, 205.25[1]). Because defendant's challenge to the voluntariness of her plea would survive even a valid waiver of the right...

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