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Waiver of Right to Appeal Unenforceable.

A waiver of the right to appeal is unenforceable where there is “no promise, plea agreement, reduced charge, or any other bargain or consideration given to the defendant in exchange for [her] plea…”.  For that reason the Second Department determined defendant’s waiver of appeal was invalid and she could appeal her sentence.  People v Brady-Laffer, 2011-11051, Ind. No. 1783-11 Second Dept. 1-16-13

 

 

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Duty to Defend Broader than Duty to Indemnify. “Weight of the Evidence” Review.