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People v. Dingle

Supreme Court of New York, Fourth Department
Nov 17, 2023
2023 N.Y. Slip Op. 5901 (N.Y. App. Div. 2023)

Opinion

No. 837 KA 19-01906

11-17-2023

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BILAL DINGLE, DEFENDANT-APPELLANT.

JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (JAMES ECKERT OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (SCOTT MYLES OF COUNSEL), FOR RESPONDENT.


JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (JAMES ECKERT OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (SCOTT MYLES OF COUNSEL), FOR RESPONDENT.

PRESENT: WHALEN, P.J., LINDLEY, MONTOUR, GREENWOOD, AND NOWAK, JJ.

Appeal from a judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered August 14, 2019. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his guilty plea, of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]). We agree with defendant, and the People correctly concede, that his waiver of the right to appeal is invalid (see People v Thomas, 34 N.Y.3d 545, 564-566 [2019], cert denied __ U.S. __, 140 S.Ct. 2634 [2020]). Contrary to defendant's contention, however, the sentence is not unduly harsh or severe.


Summaries of

People v. Dingle

Supreme Court of New York, Fourth Department
Nov 17, 2023
2023 N.Y. Slip Op. 5901 (N.Y. App. Div. 2023)
Case details for

People v. Dingle

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BILAL DINGLE…

Court:Supreme Court of New York, Fourth Department

Date published: Nov 17, 2023

Citations

2023 N.Y. Slip Op. 5901 (N.Y. App. Div. 2023)