People v. Dissottle, 68 A.D.3d 1542 (N.Y. App. Div. 2009). · Go Syfert
People v. Dissottle, 68 A.D.3d 1542 (N.Y. App. Div. 2009). Cases Citing This Book View Copy Cite
37 citation events (37 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Wheeler (nyappdiv, 2025-10-10)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Wheeler (2×)
N.Y. App. Div. · 2025 · confidence medium
Although defendant now contends that the court improperly delegated its fact-finding function to the probation department in making its determination, she failed to preserve that contention for our review inasmuch as she did not object on that ground when the court gave her an opportunity to do so ( see People v Boje , 194 AD3d 1367, 1368 [4th Dept 2021], lv denied 37 NY3d 970 [2021]; People v Koons , 187 AD3d 1638, 1639 [4th Dept 2020]; People v Dissottle , 68 AD3d 1542, 1544 [3d Dept 2009], lv denied 14 NY3d 799 [2010]).
discussed Cited as authority (rule) People v. Leader
N.Y. App. Div. · 2017 · confidence medium
Even assuming, arguendo, that defendant preserved his contention for our review by objecting to the delay (see People v Washington, 121 AD3d 1583, 1583 [2014]), we conclude that it lacks merit. “[O]nly unexcusable or unduly long delays violate the statutory directive” (People v Dissottle, 68 AD3d 1542, 1543 [2009]; see Drake, 61 NY2d at 366 ) and, here, defendant was sentenced fewer than six months after he entered his guilty plea.
discussed Cited as authority (rule) People v. Rodas
N.Y. App. Div. · 2015 · confidence medium
Contrary to the People’s contention, the defendant’s general waiver of the right to appeal does not foreclose review of his *1182 contentions that the evidence was insufficient to support the County Court’s conclusion that he violated a condition of his interim probation, and that he was deprived of due process at the hearing conducted by the County Court (see People v Dissottle, 68 AD3d 1542, 1544 [2009]; People v Jackson, 67 AD3d 1252, 1253 [2009]; People v Butler, 49 AD3d 894, 895 [2008]; see also People v Patterson, 106 AD3d 757, 757 [2013]).
cited Cited as authority (rule) People v. Tredeau
N.Y. App. Div. · 2014 · confidence medium
People v Drake, 61 NY2d 359, 366 [1984]; People v Dissottle, 68 AD3d at 1543; People ex rel.
cited Cited as authority (rule) People v. Tredeau
N.Y. App. Div. · 2014 · confidence medium
People v Drake, 61 NY2d 359, 366 [1984]; People v Dissottle, 68 AD3d at 1543; People ex rel.
discussed Cited "see" People v. McDevitt
N.Y. App. Div. · 2012 · signal: see · confidence high
The record thus provides no basis upon which this Court could conclude that the court’s inquiry was insufficient (compare People v Fiammegta, 14 NY3d at 98-99 ; People v Valencia, 3 NY3d at 715-716 ; People v Hill, 77 AD3d 518, 518 [2010]; see People v Dissottle, 68 AD3d 1542 , 1544 [2009], lv denied 14 NY3d 799 [2010]).
discussed Cited "see" People v. McDevitt
N.Y. App. Div. · 2012 · signal: see · confidence high
The record thus provides no basis upon which this Court could conclude that the court’s inquiry was insufficient (compare People v Fiammegta, 14 NY3d at 98-99 ; People v Valencia, 3 NY3d at 715-716 ; People v Hill, 77 AD3d 518, 518 [2010]; see People v Dissottle, 68 AD3d 1542 , 1544 [2009], lv denied 14 NY3d 799 [2010]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Gerald L. Dissottle
Appellate Division of the Supreme Court of the State of New York.
Dec 31, 2009.
68 A.D.3d 1542
Garry.
Cited by 5 opinions  |  Published
Garry, J.

In October 2007, defendant pleaded guilty to attempted burglary in the second degree in satisfaction of a St. Lawrence[*1543] County indictment. Under the plea agreement, County Court agreed to place defendant on interim probation for one year, and defendant agreed to complete a drug treatment program. Upon successful completion of interim probation, defendant was to be granted youthful offender status and sentenced to five years of probation. If he did not successfully complete interim probation, however, he was to be sentenced to a determinate prison term of between two and seven years. As part of the plea agreement, defendant waived his right to appeal. Sentencing was initially scheduled for December 2007, but was repeatedly adjourned. In February 2008, defendant was sentenced to one year of interim probation supervision and admitted to the drug treatment program. A month later, he was arrested on a bench warrant after deciding not to remain in the program. The court resentenced him to a two-year period of incarceration. Defendant now appeals.

Defendant asserts that his right to be sentenced without an unreasonable delay after the entry of his plea was violated (see CPL 380.30). As the People concede, this claim is not barred by his waiver of the right to appeal (see People v Campbell, 97 NY2d 532, 535 [2002]). However, defendant failed to preserve the issue for review by moving to dismiss the indictment or otherwise objecting in County Court to the delay (see CPL 470.05 [2]; People v Cecere, 39 AD3d 557, 558 [2007], lv denied 9 NY3d 873 [2007]; People v Young, 283 AD2d 597, 597 [2001], lv denied 96 NY2d 909 [2001]; cf. People v Dixon, 295 AD2d 699, 700 [2002], lv denied 98 NY2d 709 [2002]).

In any event, only unexcusable or unduly long delays violate the statutory directive (see CPL 380.30 [1]; People v Drake, 61 NY2d 359, 366 [1984]; People v Arroyo, 22 AD3d 881, 882 [2005], lv denied 6 NY3d 773 [2006]). Here, the preparation of defendant’s statutorily-required presentence report accounts for some five weeks of the four months that elapsed between his plea and his sentencing (see CPL 390.20 [1]). The remaining delay resulted almost entirely from difficulties encountered in admitting defendant into the drug treatment program, including the unavailability of a bed, problems in obtaining information and signatures from defendant’s mother, and defendant’s own refusal to sign admission paperwork. Neither the reasons for this delay nor its duration of less than three months is unreasonable (see People v Drake, 61 NY2d at 366; People v Arroyo, 22 AD3d at 882).

The record does not support defendant’s claim that County Court’s refusal to release him until a drug treatment bed became available constituted a unilateral modification of his[*1544] plea agreement; the availability of a bed was a condition of defendant’s release, not of his plea, and was expressly contemplated as such by all parties from the time of his September 2007 arraignment. Nor does the record support defendant’s argument that County Court’s repeated warnings about the strictness of the drug treatment program were intended to intimidate or discourage him. Both the warnings and the court’s decision to hold him until a bed became available were reasonable given defendant’s youth, his already extensive drug and criminal history, his previous unsuccessful drug rehabilitation experience, and the fact that he was on leave from a group home at the time he committed his offense.

Defendant also argues that County Court improperly determined that he violated the conditions of his interim probation. Defendant’s waiver of the right to appeal did not include this claim (cf. People v Hoeltzel, 290 AD2d 587, 588 [2002]). By not objecting before County Court to either the procedure followed by the court or to its conclusion, defendant failed to preserve this issue for our review (see CPL 470.05 [2]; People v Sander, 47 AD3d 1012,1013 [2008], lv denied 10 NY3d 844 [2008]; People v Peterson, 7 AD3d 882, 883 [2004]). Further, while defendant now claims that he did not leave the drug program and the court improperly relied upon hearsay in deciding that he had done so, he did not make this claim when the court gave him an opportunity to do so. To the contrary, his counsel effectively admitted that defendant had left the program (see People v Perez, 35 AD3d 1030, 1032 [2006], lv denied 9 NY3d 868 [2007]), arguing that his actions were justified by his dissatisfaction with it. When the court rejected defendant’s request to permit him to enroll in a different program and proceeded to resentence him, defendant raised no further objection. The summary hearing was conducted within the court’s discretion and was sufficient to permit the conclusion that the information upon which the determination was based was “reliable and accurate” (People v Outley, 80 NY2d 702, 712 [1993]). Defendant was afforded a fair opportunity to be heard (see People v Bove, 64 AD3d 812, 813 [2009]; People v Coleman, 270 AD2d 713, 714 [2000]). The evidence is thus sufficient to support the conclusion that defendant violated the conditions of his interim probation (see People v Valencia, 3 NY3d 714, 715-716 [2004]; People v Dixon, 295 AD2d at 700-701).

Mercure, J.E, Rose, Lahtinen and Malone Jr., JJ., concur. Ordered that the judgment is affirmed.