PEOPLE v. McMURTY

793 KA 15-00238.

175 A.D.3d 1799 (2019)

107 N.Y.S.3d 764

2019 NY Slip Op 06899

The People of the State of New York, Respondent, v. Michael McMurty, Jr., Also Known as John Doe, Appellant.

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

September 27, 2019.


Attorney(s) appearing for the Case

MARK D. FUNK, CONFLICT DEFENDER, ROCHESTER (KATHLEEN P. REARDON OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Carni, NeMoyer, Curran and Troutman, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]), defendant contends that he did not validly waive his right to appeal and that the sentence is unduly harsh and severe. The record establishes that defendant's waiver of the right to appeal was made knowingly, intelligently...

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