THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. ANTHONY MUNFORD DEFENDANT APPELLANT (2018)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANTHONY MUNFORD, DEFENDANT–APPELLANT.

KA 16–00923

Decided: November 09, 2018

PRESENT: CARNI, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND WINSLOW, JJ.

SESSLER LAW PC, GENESEO (STEVEN D. SESSLER OF COUNSEL), FOR DEFENDANT–APPELLANT.

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 assault in the third degree (Penal Law

§ 120.00 [1] ). We affirm. The record does not support defendant's contention that the People moved to dismiss the indictment in the furtherance of justice pursuant to CPL 210.40. Thus, contrary to defendant's further contention, reversal is not warranted on the ground that there was no valid accusatory instrument upon which to convict him.

Mark W. Bennett

Clerk of the Court

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