PEOPLE v. DAVIS

No. 88 KA 20-00915.

201 A.D.3d 1307 (2022)

158 N.Y.S.3d 700

2022 NY Slip Op 00553

The People of the State of New York, Respondent, v. Shamich M. Davis, Appellant.

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

Decided January 28, 2022.


Attorney(s) appearing for the Case

RYAN JAMES MULDOON , AUBURN, FOR DEFENDANT-APPELLANT.

JON E. BUDELMANN , DISTRICT ATTORNEY, AUBURN ( ERICH D. GROME OF COUNSEL), FOR RESPONDENT.

Present—Peradotto, J.P., Lindley, Curran and Winslow, JJ.


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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal sale of a controlled substance in the third degree (Penal Law § 220.39[1]). We affirm.

In 2011, County Court sentenced defendant, in absentia, with defense counsel present. In 2016, defendant was returned to the court on a bench warrant. At that appearance, defense counsel requested...

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