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PEOPLE v. PINET

No. 1163 KA 20-00313.

201 A.D.3d 1370 (2022)

160 N.Y.S.3d 521

2022 NY Slip Op 00610

The People of the State of New York, Respondent, v. Alberto Pinet, Appellant.

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

Decided January 28, 2022.

Attorney(s) appearing for the Case

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (CAITLIN M. CONNELLY OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (KENNETH H. TYLER, JR., OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., Peradotto, Lindley, Curran and Winslow, JJ.

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 criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). As defendant contends and the People correctly concede, defendant's waiver of the right to appeal is invalid (see People v Hussein, 192 A.D.3d 1705, 1706 [4th Dept 2021], lv denied 37 N.Y.3d 965 [2021...

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