PEOPLE v. MOTHERSELL

116 KA 19-01411.

204 A.D.3d 1403 (2022)

166 N.Y.S.3d 794

2022 NY Slip Op 02661

The People of the State of New York, Respondent, v. Robert Mothersell, Appellant.

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

Decided April 22, 2022.


Attorney(s) appearing for the Case

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE ( PIOTR BANASIAK OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK , DISTRICT ATTORNEY, SYRACUSE ( BRADLEY W. OASTLER OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Smith, Centra and Peradotto, JJ.


It is hereby ordered that the judgment so appealed from is unanimously reversed as a matter of discretion in the interest of justice and on the law, the plea is vacated, and the matter is remitted to Supreme Court, Onondaga County, for further proceedings on the indictment.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the third degree (Penal Law § 220.16[1]) and criminal possession...

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