People v Dunn, 2024 NY Slip Op 03956 [229 AD3d 1227]

July 26, 2024

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Respondent,

v

James Dunn, Appellant. (Appeal No. 2.)

Keem Appeals, PLLC, Syracuse (Bradley E. Keem of counsel), for defendant-appellant.

William J. Fitzpatrick, District Attorney, Syracuse (David D. Bassett of counsel), for respondent.

Appeal from a judgment of the Onondaga County Court (Stephen J. Dougherty, J.), rendered March 31, 2022. The judgment convicted defendant, upon his plea of guilty, of promoting prison contraband in the first degree and conspiracy in the fifth degree.

It is hereby ordered that the case is held, the decision is reserved, and the matter is remitted to Onondaga County Court for further proceedings in accordance with the same memorandum as in People v Dunn ([appeal No. 3] 229 AD3d 1220 [4th Dept 2024]). Present—Lindley, J.P., Curran, Ogden, Greenwood and Keane, JJ..