PEOPLE v. BLACKSHEAR

679 KA 20-01053.

208 A.D.3d 1635 (2022)

174 N.Y.S.3d 657

2022 NY Slip Op 05447

The People of the State of New York, Respondent, v. Samuel R. Blackshear, Also Known as Samuel Blackshear, Appellant.

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

Decided September 30, 2022.


Attorney(s) appearing for the Case

CAITLIN M. CONNELLY , BUFFALO, FOR DEFENDANT-APPELLANT.

KEVIN T. FINNELL , DISTRICT ATTORNEY, BATAVIA ( ANDREW J. DIPASQUALE 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: On appeal from a judgment convicting him upon his guilty plea of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]), defendant contends that County Court erred in determining that he was not eligible for youthful offender treatment because his conviction was for an armed felony offense (see CPL 1.20 [41]; 720.10 [2] [a] [ii]) and none...

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