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You are here: Home1 / Appeals2 / Waiver of Right to Appeal Unenforceable.
Appeals, Criminal Law

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

 

 

January 16, 2013
Tags: APPEALS, PLEA AGREEMENTS AND BARGAINS, Second Department, WAIVER OF APPEAL
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