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PEOPLE OF THE STATE OF NEW YORK, res, v. EDELBERTO JIMINEZ, def-app

570378/13. PEOPLE OF THE STATE OF NEW YORK, res, v. EDELBERTO JIMINEZ, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Judgment of conviction (Diana M. Boyar, J.), rendered April 10, 2013, affirmed. Judgment of conviction (Diana M. Boyar, J.), rendered April 10, 2013, affirmed.

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570378/13. PEOPLE OF THE STATE OF NEW YORK, res, v. EDELBERTO JIMINEZ, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Judgment of conviction (Diana M. Boyar, J.), rendered April 10, 2013, affirmed. Judgment of conviction (Diana M. Boyar, J.), rendered April 10, 2013, affirmed.

Following an altercation on October 1, 2011, defendant was charged with menacing in the second degree, criminal possession of a weapon in the fourth degree and harassment in the second degree. On April 10, 2012, defendant entered a plea of guilty to the charge of second degree menacing in full satisfaction of the accusatory instrument. Pursuant to the plea agreement, if defendant was not arrested during the next year and complied with a one-year order of protection, he would be allowed to replead to harassment in the second degree and receive a sentence of time served, and a final order of protection. The plea allocution thoroughly advised defendant of the rights he was waiving by pleading guilty (see Boykin v. Alabama, 395 US 238 [1969]).

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