PEOPLE v. WILLIAMS (2023)

Supreme Court, Appellate Division, Fourth Department, New York.

The PEOPLE of the State of New York, Respondent, v. Gamel WILLIAMS, Defendant-Appellant. (Appeal No. 1.)

614 Decided: September 29, 2023

PRESENT: LINDLEY, J.P., CURRAN, MONTOUR, GREENWOOD, AND DELCONTE, JJ.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: Defendant appeals from four judgments convicting him, upon his pleas of guilty, of various crimes. In appeal No. 1, defendant was convicted of burglary in the second degree (Penal Law § 140.25 [2]). In appeal No. 2, defendant was convicted of attempted burglary in the third degree (§§ 110.00, 140.20), petit larceny (§ 155.25), and two counts of attempted burglary in the second degree (§§ 110.00, 140.25 [2]). In appeal No. 3, defendant was convicted of four counts of attempted burglary in the second degree (§§ 110.00, 140.25 [2]). In appeal No. 4, defendant was convicted of two counts of attempted burglary in the second degree (§§ 110.00, 140.25 [2]). We affirm in each appeal.

As defendant contends and the People correctly concede in each appeal, defendant did not validly waive his right to appeal (see People v Thomas, 34 NY3d 545, 565-566 [2019], cert denied ––– US ––––, 140 S Ct 2634 [2020]; People v Cole, 201 AD3d 1360, 1360-1361 [4th Dept 2022]; People v Porterfield, 192 AD3d 1662, 1662 [4th Dept 2021], lv denied 37 NY3d 959 [2021]). Nevertheless, we conclude that the sentence in each appeal is not unduly harsh or severe.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network