THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. DARNELL WALLACE DEFENDANT APPELLANT (2023)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DARNELL WALLACE, DEFENDANT-APPELLANT.

946.1 Decided: December 22, 2023

PRESENT: SMITH, J.P., LINDLEY, MONTOUR, OGDEN, AND GREENWOOD, JJ.

JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (SHIRLEY A. GORMAN OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (KAYLAN C. PORTER OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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 one count of manslaughter in the second degree (Penal Law § 125.15 [1]) and six counts of criminal sale of a controlled substance in the third degree (§ 220.39 [1]). We previously held this case, reserved decision, and remitted the matter to Supreme Court for a ruling on defendant's motion to redact certain statements he made from the preplea investigation report, on which the court had reserved decision but failed to rule (People v Wallace, 214 AD3d 1448 [4th Dept 2023]). On remittal, the court granted the motion.

Contrary to defendant's contention, the sentence is not unduly harsh or severe.

Entered: December 22, 2023

Ann Dillon Flynn

Clerk of the Court

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