PEOPLE v. AUSTIN

490 KA 19-01031.

206 A.D.3d 1716 (2022)

169 N.Y.S.3d 449

2022 NY Slip Op 03848

The People of the State of New York, Respondent, v. Rashleigh Austin, Appellant.

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

Decided June 10, 2022.


Attorney(s) appearing for the Case

PETER J. DIGIORGIO, JR. , UTICA, FOR DEFENDANT-APPELLANT.

SCOTT D. McNAMARA , DISTRICT ATTORNEY, UTICA ( EVAN ESSWEIN OF COUNSEL), FOR RESPONDENT.

Present—Lindley, J.P., NeMoyer, Curran, 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 second degree (Penal Law § 220.18[1]) and criminal possession of a weapon in the third degree (§ 265.02[1]). As an initial matter, we conclude that defendant's waiver of the right to appeal is invalid inasmuch as both the written waiver...

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