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PEOPLE v. BOYNTON

Ind. No. 109/18. Appeal No. 527. Case No. 2018-4738.

217 A.D.3d 583 (2023)

189 N.Y.S.3d 520

2023 NY Slip Op 03415

The People of the State of New York, Respondent, v. Jermaine Boynton, Appellant.

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

Decided June 22, 2023.

Attorney(s) appearing for the Case

Twyla Carter , The Legal Aid Society, New York ( Robin Richardson of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Peter Rienzi of counsel), for respondent.

Concur—Kern, J.P., Friedman, Mendez, Rodriguez, JJ.

Judgment, Supreme Court, New York County (Mark Dwyer, J.), rendered June 29, 2018, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to three years' probation, unanimously affirmed.

Given the absence of warnings under Boykin v Alabama (395 U.S. 238 [1969]) or any other basis for finding voluntariness, defendant...

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