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PEOPLE v. MOBLEY

464 KA 19-02336.

206 A.D.3d 1706 (2022)

167 N.Y.S.3d 903

2022 NY Slip Op 03839

The People of the State of New York, Respondent, v. Jamal D. Mobley, Appellant.

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

Decided June 10, 2022.

Attorney(s) appearing for the Case

KATHLEEN E. CASEY, BARKER, FOR DEFENDANT-APPELLANT.

BRIAN D. SEAMAN, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.

Present —Smith, J.P., Centra, NeMoyer, Curran and Bannister, 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 assault in the second degree (Penal Law § 120.05[2]) and criminal contempt in the second degree (§ 215.50[3]). We affirm. Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid (see People v Thomas, 34 N.Y.3d 545, 564-566 [2019], cert denied 589...

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