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PEOPLE v. GUNTHER

Ind. No. 5395/16. Appeal No. 14892. Case No. 2018-4615.

200 A.D.3d 582 (2021)

155 N.Y.S.3d 757

2021 NY Slip Op 07090

The People of the State of New York, Respondent, v. Jacob Gunther, Appellant.

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

Decided December 21, 2021.

Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Mandy E. Jaramillo of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Jared Wolkowitz of counsel), for respondent.

Concur—Renwick, J.P., Oing, Singh, Scarpulla, Pitt, JJ.

Defendant claims that the grand jury proceeding was fatally defective, and also claims that he was entitled to withdraw his guilty plea, which was conditioned on the People submitting proof that the damage to the victim's car exceeded the $1,500 threshold for second-degree criminal mischief. These claims are without merit, because they are based entirely on a one-digit clerical error in a document.

The victim testified...

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