PEOPLE v. COLES

389 KA 17-02130.

206 A.D.3d 1696 (2022)

167 N.Y.S.3d 902

2022 NY Slip Op 03830

The People of the State of New York, Respondent, v. Dennis L. Coles, Appellant.

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

Decided June 10, 2022.


Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( SHIRLEY A. GORMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

Present —Smith, J.P., Centra, Lindley and Curran, JJ.


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

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03[3]), defendant contends that his waiver of the right to appeal is invalid and that his sentence is unduly harsh and severe. As the People correctly concede, because Supreme Court provided defendant with erroneous...

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