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PEOPLE v. GAINES

489 KA 18-02069.

206 A.D.3d 1715 (2022)

170 N.Y.S.3d 442

2022 NY Slip Op 03847

The People of the State of New York, Respondent, v. Lawrence Gaines, Appellant.

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

Decided June 10, 2022.

Attorney(s) appearing for the Case

JILL L. PAPERNO, ACTING PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (MARTIN P. McCARTHY, II, OF COUNSEL), FOR RESPONDENT.

Present—Lindley, J.P., NeMoyer, Curran, Winslow 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 attempted criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03[3]). We affirm. Preliminarily, as defendant contends and the People correctly concede, defendant did not validly waive his right to appeal (see People...

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