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People v. Davis

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
Dec 23, 2020
2020 N.Y. Slip Op. 7794 (N.Y. App. Div. 2020)

Opinion

1130 KA 19-00088

12-23-2020

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANTOINE DAVIS, DEFENDANT-APPELLANT.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.


PRESENT:

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Supreme Court, Erie County (Deborah A. Haendiges, J.), rendered November 7, 2018. The judgment convicted defendant, upon a plea of guilty, of resisting arrest and criminal contempt in the second degree.

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 resisting arrest (Penal Law § 205.30) and criminal contempt in the second degree (§ 215.50 [3]). Even assuming, arguendo, that defendant did not validly waive his right to appeal, we nevertheless conclude that the sentence is not unduly harsh or severe "to the extent that [he] remains subject to [it]" (People v Adair, 177 AD3d 1357, 1358 [4th Dept 2019], lv denied 34 NY3d 1125 [2020]).

Entered: December 23, 2020

Mark W. Bennett

Clerk of the Court


Summaries of

People v. Davis

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
Dec 23, 2020
2020 N.Y. Slip Op. 7794 (N.Y. App. Div. 2020)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANTOINE DAVIS…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Dec 23, 2020

Citations

2020 N.Y. Slip Op. 7794 (N.Y. App. Div. 2020)