PEOPLE v. MADISON

2018-03214. Ind. No. 155/17.

208 A.D.3d 1253 (2022)

174 N.Y.S.3d 267

2022 NY Slip Op 05220

The People of the State of New York, Respondent, v. Kevin Madison, Appellant.

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

Decided September 21, 2022.


Attorney(s) appearing for the Case

John A. Cirando , Syracuse, NY ( Rebecca L. Konst of counsel), for appellant.

William V. Grady , District Attorney, Poughkeepsie, NY ( Anna K. Diehn of counsel), for respondent.

Dillon, J.P., Duffy, Genovesi and Ford, JJ., concur.


Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Dutchess County, for resentencing in accordance herewith.

The defendant was convicted of attempted criminal possession of a controlled substance in the fourth degree, upon his plea of guilty.

Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily...

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