People v Nelson
2022 NY Slip Op 03827 [206 AD3d 1693]
June 10, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 3, 2022


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

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Deborah K. Jessey of counsel), for defendant-appellant.

John J. Flynn, District Attorney, Buffalo (Matthew B. Powers of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered February 15, 2019. The judgment convicted defendant upon a plea of guilty of criminal possession of a controlled substance in the third degree and 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 Nelson ([appeal No. 1] 206 AD3d 1692 [4th Dept 2022]). Present—Lindley, J.P., NeMoyer, Curran, Winslow and Bannister, JJ.