PEOPLE v. GIBSON

Ind. No. 911/16, Appeal No. 2015, Case No. 2018-1538.

2024 NY Slip Op 01997

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWAYNE GIBSON, Defendant-Appellant.

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

Decided April 11, 2024.


Attorney(s) appearing for the Case

Twyla Carter , The Legal Aid Society, New York ( Steven R. Berko of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Beth R. Kublin of counsel), for respondent.

Before: Oing, J.P., Friedman, Kapnick, Scarpulla, Pitt-Burke, JJ.


Judgment, Supreme Court, Bronx County (Raymond L. Bruce, J.), rendered May 3, 2017, convicting defendant, upon his plea of guilty, of operating a motor vehicle while under the influence of alcohol, and sentencing him to five years' probation, unanimously affirmed.

Defendant's contention that his guilty plea to a felony was invalid because he did not admit to a prior conviction during his plea allocution (see Vehicle and Traffic Law § 1193[1][c]) and was...

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