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PEOPLE v. NELSON

413 KA 20-00932.

206 A.D.3d 1703 (2022)

169 N.Y.S.3d 771

2022 NY Slip Op 03836

The People of the State of New York, Respondent, v. Hassan Nelson, Appellant.

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

Decided June 10, 2022.

Attorney(s) appearing for the Case

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE, DAVISON LAW OFFICE PLLC, CANANDAIGUA ( MARY P. DAVISON OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK , DISTRICT ATTORNEY, SYRACUSE ( KAITLYN M. GUPTILL OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Centra, Peradotto, NeMoyer 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 attempted criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03[3]). Preliminarily, because defendant's challenges to the voluntariness of his plea would survive even a valid waiver of his right to appeal, we need...

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