PEOPLE v. DRAGONE

230 KA 16-01479.

192 A.D.3d 1487 (2021)

140 N.Y.S.3d 840

2021 NY Slip Op 01596

The People of the State of New York, Respondent, v. Eric L. Dragone, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 19, 2021.


Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( SUSAN C. MINISTERO OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN , DISTRICT ATTORNEY, BUFFALO ( DANIELLE E. PHILLIPS OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., Carni, NeMoyer, Winslow and Bannister, JJ.


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

Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, of attempted murder in the second degree (Penal Law §§ 110.00, 125.25[2]), defendant contends that he did not validly waive his right to appeal. As the People correctly concede, Supreme Court provided defendant with erroneous information about the scope of the waiver of the right to appeal, including...

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