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PEOPLE v. CUNNINGHAM

981 KA 21-01563.

213 A.D.3d 1270 (2023)

182 N.Y.S.3d 459

2023 NY Slip Op 00592

The People of the State of New York, Respondent, v. Gregory S. Cunningham, Appellant.

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

Decided February 3, 2023.

Attorney(s) appearing for the Case

HAYDEN M. DADD , CONFLICT DEFENDER, SYRACUSE ( BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT-APPELLANT.

GREGORY J. McCAFFREY , DISTRICT ATTORNEY, GENESEO ( JOSHUA J. TONRA OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Smith, Curran, Montour and Ogden, JJ.

Appeal from a judgment of the Livingston County Court (Kevin Van Allen, J.), rendered August 3, 2021. The judgment convicted defendant upon a plea of guilty of assault in the first degree.

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 assault in the first degree (Penal Law § 120.10[1]). Contrary to defendant's contention, his waiver...

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