Summary
This is an uncorrected slip opinion from the New York Supreme Court, Appellate Division, Second Department, decided on September 24, 2025. The appellant, Travis D. Askew, appealed his sentence imposed following a guilty plea, arguing it was excessive. The court affirmed the sentence, holding that Askew's knowing, voluntary, and intelligent waiver of his right to appeal precluded further appellate review of his sentencing claim.
Topics
Practice areas
Questions Presented
- Whether the appellate court may review the sentence when the defendant has validly waived his right to appeal
Holdings
- The sentence is affirmed because the defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence was excessive.
Key quotations
“The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal. The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive.”
Factual background
Travis D. Askew pleaded guilty and was sentenced on June 22, 2023. He knowingly, voluntarily, and intelligently waived his right to appeal. He later appealed the sentence claiming it was excessive.
Procedural history
The defendant pleaded guilty, was sentenced on June 22, 2023, knowingly and voluntarily waived his right to appeal, and then appealed the sentence limited by his motion; the Appellate Division affirmed the sentence.