You are here: / / WAIVER OF APPEAL INVALID (FOURTH DEPT).
,

WAIVER OF APPEAL INVALID (FOURTH DEPT).

The Fourth Department, over a two-justice dissent, determined defendant’s waiver of the right to appeal was insufficient:

​

We agree with defendant that his waiver of the right to appeal was not valid because, during the plea colloquy, County Court “conflated the appeal waiver with the rights automatically waived by the guilty plea” … . The court indicated that the waiver of the right to appeal was “[o]ne other condition,” and that statement “was immediately preceded by a colloquy concerning the rights automatically forfeited by a guilty plea”… . In addition, the court further muddied the distinction by indicating that the waiver of the right to appeal “is separate and part [sic] from your plea of guilty,” rather than indicating that it was a condition of the guilty plea but separate from the rights that defendant automatically forfeited by the plea … . Consequently, ” the record fails to establish that defendant understood that the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty’ “… . People v Smith, 2017 NY Slip Op 08949, Fourth Dept 12-22-17

CRIMINAL LAW (WAIVER OF APPEAL INVALID (FOURTH DEPT))/APPEALS (CRIMINAL LAW, WAIVER OF APPEAL INVALID (FOURTH DEPT))

You might also like
DEFENDANT’S SENTENCE FOR MANSLAUGHTER REDUCED BASED UPON DEFENDANT’S BACKGROUND, REMORSE AND LACK OF A CRIMINAL HISTORY (FOURTH DEPT).
TO BE ENFORCEABLE, A WAIVER OF APPEAL MUST BE SUPPORTED BY A SENTENCING COMMITMENT OR OTHER CONSIDERATION (FOURTH DEPT).
ALTHOUGH DEFENDANT ACTED SUSPICIOUSLY THE POLICE DID NOT HAVE A REASONABLE SUSPICION HE WAS ENGAGED IN CRIMINAL ACTIVITY AT THE TIME DEFENDANT FLED; DEFENDANT’S SUPPRESSION MOTION SHOULD HAVE BEEN GRANTED (FOURTH DEPT).
Scaffold, Safety Railing and Cross Braces Are Safety Devices
Cheerleader Assumed the Risk of Practicing with an Injured Teammate
DECISION ON APPEAL RESERVED AND MATTER REMITTED FOR A DETERMINATION WHETHER DEFENDANT SHOULD BE AFFORDED YOUTHFUL OFFENDER STATUS (FOURTH DEPT).
THE FOR CAUSE CHALLENGES TO TWO JURORS WHO SAID THEY WOULD TEND TO BELIEVE THE TESTIMONY OF POLICE OFFICERS SHOULD HAVE BEEN GRANTED; NEW TRIAL ORDERED (FOURTH DEPT).
Trial Court’s Refusal to Allow Defense Witness to Be Called Required Reversal 

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

DEFENDANT’S MOTION TO VACATE HIS CONVICTION SHOULD NOT HAVE BEEN DENIED... PETITION FOR WRIT OF CORAM NOBIS GRANTED, APPEAL CONSIDERED DE NOVO, TRIAL COURT’S...