People v. Dragone

3 Citing cases

  1. People v. Cole

    201 A.D.3d 1360 (N.Y. App. Div. 2022)   Cited 8 times

    The two pleas were entered in a single plea proceeding. As defendant contends and the People correctly concede in each appeal, defendant did not validly waive his right to appeal inasmuch as Supreme Court "mischaracterized the nature of the right that defendant was being asked to cede, portraying the waiver as an absolute bar to defendant taking an appeal, and there was no clarification that appellate review remained available for certain issues" ( People v. Hussein , 192 A.D.3d 1705, 1706, 141 N.Y.S.3d 379 [4th Dept. 2021], lv denied 37 N.Y.3d 965, 148 N.Y.S.3d 769, 171 N.E.3d 245 [2021] ; seePeople v. Thomas , 34 N.Y.3d 545, 565-566, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied ––– U.S. ––––, 140 S. Ct. 2634, 206 L.Ed.2d 512 [2020] ; People v. Dragone , 192 A.D.3d 1487, 1487-1488, 140 N.Y.S.3d 840 [4th Dept. 2021] ). Nevertheless, we conclude that the sentence in each appeal is not unduly harsh or severe.

  2. People v. Cole

    No. 2022-00599 (N.Y. App. Div. Jan. 28, 2022)

    The two pleas were entered in a single plea proceeding. As defendant contends and the People correctly concede in each appeal, defendant did not validly waive his right to appeal inasmuch as Supreme Court "mischaracterized the nature of the right that defendant was being asked to cede, portraying the waiver as an absolute bar to defendant taking an appeal, and there was no clarification that appellate review remained available for certain issues" (People v Hussein, 192 A.D.3d 1705, 1706 [4th Dept 2021], lv denied 37 N.Y.3d 965 [2021]; see People v Thomas, 34 N.Y.3d 545, 565-566 [2019], cert denied ___ U.S. ___, 140 S.Ct. 2634 [2020]; People v Dragone, 192 A.D.3d 1487, 1487-1488 [4th Dept 2021]). Nevertheless, we conclude that the sentence in each appeal is not unduly harsh or severe.

  3. People v. Cole

    2022 N.Y. Slip Op. 599 (N.Y. Sup. Ct. 2022)

    The two pleas were entered in a single plea proceeding. As defendant contends and the People correctly concede in each appeal, defendant did not validly waive his right to appeal inasmuch as Supreme Court "mischaracterized the nature of the right that defendant was being asked to cede, portraying the waiver as an absolute bar to defendant taking an appeal, and there was no clarification that appellate review remained available for certain issues" (People v Hussein, 192 A.D.3d 1705, 1706 [4th Dept 2021], lv denied 37 N.Y.3d 965 [2021]; see People v Thomas, 34 N.Y.3d 545, 565-566 [2019], cert denied ___ U.S. ___, 140 S.Ct. 2634 [2020]; People v Dragone, 192 A.D.3d 1487, 1487-1488 [4th Dept 2021]). Nevertheless, we conclude that the sentence in each appeal is not unduly harsh or severe.