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People v. Dunn

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 5, 2018
167 A.D.3d 651 (N.Y. App. Div. 2018)

Opinion

2017–03408 Ind.No. 1782/14

12-05-2018

The PEOPLE, etc., Respondent, v. Robert DUNN, Appellant.

Paul Skip Laisure, New York, N.Y. (Angad Singh of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Roni Piplani of counsel; Lorrie A. Zinno on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (Angad Singh of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Roni Piplani of counsel; Lorrie A. Zinno on the memorandum), for respondent.

WILLIAM F. MASTRO, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.

DECISION & ORDER

ORDERED that the sentence is affirmed.

Contrary to the People's contention, the defendant's purported waiver of his right to appeal was invalid (see People v. Bradshaw , 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Little , 127 A.D.3d 1235, 1235–1236, 5 N.Y.S.3d 896 ). The record of the plea proceedings fails to establish that the defendant understood that the appeal waiver was separate and distinct from those rights automatically forfeited upon a plea of guilty, and the Supreme Court simultaneously advised the defendant that he would be waiving both his right to appeal and his right to a jury trial as a consequence of his plea (see People v. Bradshaw , 18 N.Y.3d at 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Lopez , 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). However, the sentence imposed was not excessive (see People v. Suitte , 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

MASTRO, J.P., MILLER, DUFFY and LASALLE, JJ., concur.


Summaries of

People v. Dunn

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 5, 2018
167 A.D.3d 651 (N.Y. App. Div. 2018)
Case details for

People v. Dunn

Case Details

Full title:The People of the State of New York, respondent, v. Robert Dunn, appellant.

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Dec 5, 2018

Citations

167 A.D.3d 651 (N.Y. App. Div. 2018)
167 A.D.3d 651
2018 N.Y. Slip Op. 8324

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