People v Montgomery
2022 NY Slip Op 02692 [204 AD3d 1440]
April 22, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 1, 2022


[*1]
 The People of the State of New York, Respondent,
v
Joseph Montgomery, Appellant. (Appeal No. 2.)

Frank H. Hiscock Legal Aid Society, Syracuse (Eric Sun of counsel), for defendant-appellant.

William J. Fitzpatrick, District Attorney, Syracuse (Kaitlyn M. Guptill of counsel), for respondent.

Appeal from a judgment of the Onondaga County Court (Thomas J. Miller, J.), rendered August 13, 2020. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree.

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

Same memorandum as in People v Montgomery ([appeal No. 1] 204 AD3d 1439 [4th Dept 2022]). Present—Centra, J.P., Peradotto, Lindley, Curran and Bannister, JJ.