People v. Dejesus-Ocasio

3 Citing cases

  1. People v. DeJesus-Ocasio

    2021 N.Y. Slip Op. 97687 (N.Y. 2021)

    Disposition: Applications for Criminal Leave to appeal denied Decision Reported Below: 3d Dept: 192 A.D.3d 1264 (Schenectady)

  2. People v. Ghee

    No. 2021-03875 (N.Y. App. Div. Jun. 17, 2021)

    We agree with defendant that his waiver of the right to appeal was invalid. The written waiver of appeal executed by defendant was overbroad in that, among other defects, it purported to erect an absolute bar to a direct appeal and erroneously indicated that defendant's waiver of the right to appeal included his right to pursue certain collateral relief in state or federal courts (see People v Bisono, 36 N.Y.3d 1013, 1017-1018 [2020]; People v Figueroa, 192 A.D.3d 1269, 1270 [2021]; People v Anderson, 184 A.D.3d 1020, 1020-1021 [2020], lvs denied 35 N.Y.3d 1064, 1068 [2020]; see also People v DeJesus-Ocasio, 192 A.D.3d 1264, 1264 [2021]). Supreme Court's brief oral colloquy with defendant fell short of curing such defects, as the court failed to ensure "that defendant understood the distinction that some appellate review survived the appeal waiver" (People v Lafond, 189 A.D.3d 1824, 1825 [2020] [internal quotation marks and citation omitted], lv denied ___ N.Y.3d ___ [Apr. 5, 2021]; see People v Avera, 192 A.D.3d 1382, 1382 [2021]; People v Figueroa, 192 A.D.3d at 1270).

  3. People v. Ghee

    2021 N.Y. Slip Op. 3875 (N.Y. App. Div. 2021)

    We agree with defendant that his waiver of the right to appeal was invalid. The written waiver of appeal executed by defendant was overbroad in that, among other defects, it purported to erect an absolute bar to a direct appeal and erroneously indicated that defendant's waiver of the right to appeal included his right to pursue certain collateral relief in state or federal courts (see People v Bisono, 36 NY3d 1013, 1017-1018 [2020]; People v Figueroa, 192 AD3d 1269, 1270 [2021]; People v Anderson, 184 AD3d 1020, 1020-1021 [2020], lvs denied 35 NY3d 1064, 1068 [2020]; see also People v DeJesus-Ocasio, 192 AD3d 1264, 1264 [2021]). Supreme Court's brief oral colloquy with defendant fell short of curing such defects, as the court failed to ensure "that defendant understood the distinction that some appellate review survived the appeal waiver" (People v Lafond, 189 AD3d 1824, 1825 [2020] [internal quotation marks and citation omitted], lv denied ___ NY3d ___ [Apr. 5, 2021]; see People v Avera, 192 AD3d 1382, 1382 [2021]; People v Figueroa, 192 AD3d at 1270).