People v. Mitchell

Full title: THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ERIC MITCHELL…

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

Date published: Jul 17, 2020

2020 N.Y. Slip Op. 4030 (N.Y. App. Div. 2020)

Opinion

345 KA 17-02067

07-17-2020

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ERIC MITCHELL, DEFENDANT-APPELLANT. (APPEAL NO. 1.)

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (NICHOLAS P. DIFONZO OF COUNSEL), FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.

SMITH, J.P., CARNI, NEMOYER, CURRAN, AND BANNISTER, JJ.

PRESENT:

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (NICHOLAS P. DIFONZO OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered July 25, 2017. The judgment convicted defendant upon his plea of guilty of criminal possession of a controlled substance in the third degree (two counts).

It is hereby ORDERED that said appeal from the judgment insofar as it imposed sentence is unanimously dismissed and the judgment is affirmed.

Same memorandum as in People v Mitchell ([appeal No. 2] — AD3d — [July 17, 2020] [4th Dept 2020]).

Entered: July 17, 2020

Mark W. Bennett

Clerk of the Court