PEOPLE v. GRAHAM

1099 KA 17-01724.

202 A.D.3d 1482 (2022)

158 N.Y.S.3d 908

2022 NY Slip Op 00784

The People of the State of New York, Respondent, v. James Graham, Appellant.

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

Decided February 4, 2022.


Attorney(s) appearing for the Case

DAVISON LAW OFFICE PLLC, CANANDAIGUA ( MARY P. DAVISON OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( LISA GRAY OF COUNSEL), FOR RESPONDENT.

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


It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Monroe County Court for further proceedings in accordance with the following memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of manslaughter in the first degree (Penal Law § 125.20[1]). Preliminarily, we note that defendant's "waiver of his right to appeal was invalid ... and, in any event, [would] not bar his contention that [County...

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