People v. London, 107182.
| Decision Date | 10 August 2017 |
| Docket Number | 107182. |
| Parties | The PEOPLE of the State of New York, Respondent, v. Ciayan LONDON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
153 A.D.3d 1032
60 N.Y.S.3d 581
The PEOPLE of the State of New York, Respondent,
v.
Ciayan LONDON, Appellant.
107182.
Supreme Court, Appellate Division, Third Department, New York.
Aug. 10, 2017.
Cappy Weiner, Kingston, for appellant.
D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Before: McCARTHY, J.P., GARRY, LYNCH, ROSE and DEVINE, JJ.
ROSE, J.
Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered October 8, 2014, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the third degree.
During the execution of a search warrant in an apartment where defendant resided with his girlfriend, a handgun was found in a locked safe in a bedroom closet and, according to police, defendant admitted that the gun belonged to him. Defendant
was arrested and, following a preliminary hearing, the Town of Ulster Justice Court released him from custody, finding insufficient evidence to hold him (see CPL 180.10[2] ). Defendant was thereafter charged by indictment with criminal possession of a weapon in the third degree, and he subsequently pleaded guilty to that charge pursuant to a plea agreement that also satisfied three other potential felony charges. In exchange, County Court promised to impose a prison term of 3 ½ to 7 years. As part of defendant's guilty plea, which included a waiver of appeal, the People agreed not to prosecute his girlfriend. County Court thereafter imposed a reduced prison term of 2 to 4 years upon defendant, an admitted second felony offender. Defendant now appeals.
Defendant's primary argument on appeal is that he was deprived of the effective assistance of counsel because defense counsel failed to investigate comments made off the record by the presiding Town Justice at the end of the preliminary hearing. The issue was first raised on the record in County Court at defendant's arraignment on the indictment,...
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