People v. Dones
This text of People v. Dones (People v. Dones) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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Bureau Thomas J.K. Smith, State Reporter
People v Dones
2026 NY Slip Op 04428
July 15, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
The People of the State of New York, respondent,
v
Jose Dones, appellant.
Supreme Court of the State of New York, Appellate Division, Second Judicial Department
Decided on July 15, 2026
2023-10780, (Ind. No. 72090/22)
Lara J. Genovesi, J.P.
Cheryl E. Chambers
Linda Christopher
Phillip Hom, JJ.
Patricia Pazner, New York, NY (Jordan Goodson of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Avshalom Yotam of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dena E. Douglas, J.), rendered November 9, 2023, convicting him of attempted manslaughter in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 NY3d 545; People v Lopez, 6 NY3d 248). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that his adjudication as a persistent violent felony offender was unconstitutional in light of Erlinger v United States (602 US 821) and Apprendi v New Jersey (530 US 466) (see People v Mejia, 246 AD3d 828, 829; People v Simpson, 244 AD3d 762, 762), except to the extent that the defendant contends that New York's predicate felony offender statutes are facially unconstitutional (see People v Johnson, ____ NY3d ____, 2025 NY Slip Op 06528; People v Smith, 244 AD3d 1144, 1144). However, the defendant's contention is unpreserved for appellate review (see CPL 470.05[2]; People v Mejia, 246 AD3d at 830; People v Smith, 244 AD3d at 1144), and we decline to review it in the exercise of our interest of justice jurisdiction.
GENOVESI, J.P., CHAMBERS, CHRISTOPHER and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
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