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People v. Yanga

Citation: 2023 NY Slip Op 00600Docket: 1017 KA 21-00730

Court: Appellate Division of the Supreme Court of the State of New York; February 2, 2023; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Tombe Yanga was convicted of attempted murder in the second degree, assault in the second degree, and criminal possession of a weapon in the second degree following a guilty plea. The conviction arose from a judgment rendered on April 13, 2021, by the Supreme Court, Erie County, presided over by Justice Paul Wojtaszek. Yanga appealed the judgment, and the Appellate Division, Fourth Department, unanimously affirmed the lower court's decision on February 3, 2023. The ruling referenced a memorandum that is consistent with a previous appeal involving the same defendant. The appeal was represented by Charles J. Greenberg for the defense and John J. Flynn, District Attorney, along with Mindy F. VanLeuvan for the prosecution. The opinion remains uncorrected and subject to revision before its official publication.

Legal Issues Addressed

Appellate Review and Affirmation

Application: The Appellate Division, Fourth Department, reviewed and unanimously affirmed the lower court's decision.

Reasoning: Yanga appealed the judgment, and the Appellate Division, Fourth Department, unanimously affirmed the lower court's decision on February 3, 2023.

Consistency with Previous Appeals

Application: The appellate decision referenced consistency with a prior appeal involving the same defendant.

Reasoning: The ruling referenced a memorandum that is consistent with a previous appeal involving the same defendant.

Guilty Plea and Conviction

Application: The defendant's conviction for attempted murder, assault, and criminal possession of a weapon was upheld following a guilty plea.

Reasoning: Tombe Yanga was convicted of attempted murder in the second degree, assault in the second degree, and criminal possession of a weapon in the second degree following a guilty plea.

Uncorrected Opinion Subject to Revision

Application: The opinion issued by the court is not final and may be revised before its official publication.

Reasoning: The opinion remains uncorrected and subject to revision before its official publication.