People v Williams
2019 NY Slip Op 08331 [177 AD3d 1403]
November 15, 2019
Appellate Division, Fourth Department
As corrected through Wednesday, January 1, 2020


[*1]
 The People of the State of New York,Respondent,
v
Xavion Williams, Appellant.

Frank H. Hiscock Legal Aid Society, Syracuse (Piotr Banasiak of counsel), fordefendant-appellant.

William J. Fitzpatrick, District Attorney, Syracuse (Kenneth H. Tyler, Jr., ofcounsel), for respondent.

Appeal from a judgment of the Onondaga County Court (Stephen J. Dougherty, J.),rendered September 21, 2017. The judgment convicted defendant upon his plea of guiltyof criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea ofguilty of criminal possession of a weapon in the second degree (Penal Law§ 265.03 [3]). We note that, as the People correctly concede, defendant didnot waive his right to appeal. We nevertheless conclude that the sentence is not undulyharsh or severe. Present—Whalen, P.J., Centra, Peradotto, Carni and DeJoseph,JJ.


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