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PEOPLE v. McDOWELL

97 KA 22-00438.

214 A.D.3d 1437 (2023)

186 N.Y.S.3d 473

2023 NY Slip Op 01606

The People of the State of New York, Respondent, v. Adrian McDowell, Appellant.

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

Decided March 24, 2023.

Attorney(s) appearing for the Case

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE ( ROBERT W. WARD , OF THE MASSACHUSETTS BAR, ADMITTED PRO HAC VICE, OF COUNSEL), FOR DEFENDANT-APPELLANT.

ADRIAN McDOWELL, DEFENDANT-APPELLANT PRO SE.

WILLIAM J. FITZPATRICK , DISTRICT ATTORNEY, SYRACUSE ( BRADLEY W. OASTLER OF COUNSEL), FOR RESPONDENT.

Present—Peradotto, J.P., Lindley, Bannister, Montour and Ogden, JJ.

Appeal from a judgment of the Onondaga County Court (Stephen J. Dougherty, J.), rendered October 12, 2021. The judgment convicted defendant upon his plea of guilty of criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed and the matter is remitted to Onondaga County...

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