Summary
This Appellate Division decision affirms a Kings County Supreme Court sentence imposed following the defendant's guilty plea. The court held that the defendant's contention regarding an excessive sentence was precluded by a valid waiver of his right to appeal, which he knowingly and voluntarily entered into despite the trial court's procedural delay in discussing the waiver prior to the factual allocution. The panel concurred in affirming the sentence.
Topics
Practice areas
Questions Presented
- Whether the defendant's waiver of his right to appeal was valid and therefore precludes appellate review of the claim that the sentence was excessive.
- Whether the sentence imposed was excessive.
Holdings
- The waiver was valid; consequently, the appellate court lacks jurisdiction to review the defendant's claim that the sentence was excessive.
- The sentence is affirmed.
Key quotations
“Under the totality of the circumstances, the record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal.”
Factual background
The defendant pleaded guilty to a crime and, after discussion with counsel, knowingly, voluntarily, and intelligently waived his right to appeal. The waiver was obtained after his factual allocution of the crime.
Procedural history
The defendant pleaded guilty in the Supreme Court, Kings County, and waived his right to appeal. He appealed the sentence on the ground that it was excessive. The Appellate Division reviewed the waiver and affirmed the sentence.