People v Williams
2019 NY Slip Op 08331 [177 AD3d 1403]
November 15, 2019
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
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), for defendant-appellant.

William J. Fitzpatrick, District Attorney, Syracuse (Kenneth H. Tyler, Jr., of counsel), 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 guilty of criminal possession of a weapon 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 criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). We note that, as the People correctly concede, defendant did not waive his right to appeal. We nevertheless conclude that the sentence is not unduly harsh or severe. Present—Whalen, P.J., Centra, Peradotto, Carni and DeJoseph, JJ.