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People v Garbutt, 2024 NY Slip Op 00543 [224 AD3d 1278]

February 2, 2024

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Respondent,

v

Davion Garbutt, Appellant. (Appeal No. 2.)

Frank H. Hiscock Legal Aid Society, Syracuse (Kristine Bialy-Viau of counsel), for defendant-appellant.

William J. Fitzpatrick, District Attorney, Syracuse (Bradley W. Oastler of counsel), for respondent.

Appeal from a judgment of the Onondaga County Court (Thomas J. Miller, J.), rendered August 11, 2020. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Same memorandum as in People v Garbutt ([appeal No. 1] 224 AD3d 1277 [4th Dept 2024]). Present—Smith, J.P., Bannister, Montour, Nowak and DelConte, JJ..