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PEOPLE v. MOYE

176 KA 21-00365.

203 A.D.3d 1582 (2022)

161 N.Y.S.3d 906

2022 NY Slip Op 01664

The People of the State of New York, Respondent, v. Gregory Moye, Appellant.

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

Decided March 11, 2022.

Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( ERIN A. TRESMOND , OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN , DISTRICT ATTORNEY, BUFFALO ( DANIEL J. PUNCH , OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Smith, NeMoyer, Winslow and Bannister, 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 possession of a controlled substance in the fifth degree (Penal Law § 220.06[5]). As defendant contends and the People correctly concede, defendant did not validly waive his right to appeal (see People v Thomas, 34 N.Y.3d 545, 565-566 [2019], cert denied 589 U.S. 140 S...

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