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People v. Cohen

Supreme Court, Appellate Division, Second Department, New York.
May 16, 2018
161 A.D.3d 999 (N.Y. App. Div. 2018)

Opinion

2014–00349 Ind.No. 745/12

05-16-2018

The PEOPLE, etc., respondent, v. Darryl COHEN, appellant.

Paul Skip Laisure, New York NY, for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Christopher J. Blira–Koessler of counsel; Anisha Mirchandani on the brief), for respondent.


Paul Skip Laisure, New York NY, for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Christopher J. Blira–Koessler of counsel; Anisha Mirchandani on the brief), for respondent.

ALAN D. SCHEINKMAN, P.J., JOHN M. LEVENTHAL, BETSY BARROS, VALERIE BRATHWAITE NELSON, JJ.

DECISION & ORDERAppeal by the defendant from a judgment of the Supreme Court, Queens County (Charles Lopresto, J.), rendered December 3, 2013, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant validly waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ). The defendant's valid waiver of his right to appeal precludes review of his contention that he was deprived of the effective assistance of counsel, since that contention does not relate to the voluntariness of his plea of guilty (see People v. Eccleston, 113 A.D.3d 699, 699, 978 N.Y.S.2d 702 ; People v. Hluboky, 99 A.D.3d 1020, 1021, 952 N.Y.S.2d 454 ).Although the defendant's valid waiver of his right to appeal does not preclude review of his challenge to the legality of his sentence as a persistent violent felony offender, the defendant failed to preserve his contention for appellate review (see People v. Simpson, 152 A.D.3d 627, 627, 55 N.Y.S.3d 662 ; People v. DelCarpio, 101 A.D.3d 746, 746–747, 954 N.Y.S.2d 500 ). Under the circumstances of this case, we decline to exercise our interest of justice jurisdiction to review it.

SCHEINKMAN, P.J., LEVENTHAL, BARROS and BRATHWAITE NELSON, JJ., concur.


Summaries of

People v. Cohen

Supreme Court, Appellate Division, Second Department, New York.
May 16, 2018
161 A.D.3d 999 (N.Y. App. Div. 2018)
Case details for

People v. Cohen

Case Details

Full title:The PEOPLE, etc., respondent, v. Darryl COHEN, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: May 16, 2018

Citations

161 A.D.3d 999 (N.Y. App. Div. 2018)
73 N.Y.S.3d 760

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