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
Defendant’s right to appeal was not knowingly, voluntarily, and intelligently waived—it was not established that defendant was aware the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty. Defendant’s sentence was deemed excessive. The sentence was reduced in the interest of justice in light of defendant’s age, the mitigating facts of the case and defendant’s lack of a juvenile record (youthful offender). People v Maria M. 8726 Ind. 1563/10 First Dept. 1-3-13
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