People v Jenkins

People v Jenkins 2023 NY Slip Op 06654 Decided on December 22, 2023 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 22, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., BANNISTER, MONTOUR, NOWAK, AND DELCONTE, JJ.
930 KA 20-00176

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

JUSTIN JENKINS, DEFENDANT-APPELLANT. (APPEAL NO. 1.)

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ABIGAIL D. WHIPPLE OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. MATTLE OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Erie County Court (James F. Bargnesi, J.), rendered October 17, 2019. The judgment convicted defendant, upon his plea of guilty, of robbery in the second degree (six counts).

It is hereby ORDERED that said appeal from the judgment insofar as it imposed sentence is unanimously dismissed and the judgment is affirmed.

Same memorandum as in People v Jenkins ([appeal No. 2] — AD3d — [Dec. 22, 2023] [4th Dept 2023]).

Entered: December 22, 2023

Ann Dillon Flynn

Clerk of the Court