Summary
This is an uncorrected slip opinion from the New York Supreme Court, Appellate Division, Second Department, decided on March 5, 2025. The court affirmed the defendant's first-degree assault conviction following her guilty plea. Relying on established precedent regarding waivers of appellate rights, the court held that the defendant's knowing, voluntary, and intelligent waiver precluded further review of her claim that her sentence was excessive.
Topics
Practice areas
Questions Presented
- Whether a valid waiver of the right to appeal precludes appellate review of a claim that the imposed sentence was excessive.
Holdings
- A valid waiver of the right to appeal precludes appellate review of the appellant's contention that the sentence imposed was excessive.
Key quotations
“The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived her right to appeal (see People v. Thomas, 34 NY3d 545; People v. Lopez, 6 NY3d 248).”
Factual background
Ariana Sanchez pleaded guilty to assault in the first degree in Orange County, was sentenced, and knowingly, voluntarily, and intelligently waived her right to appeal.
Procedural history
The County Court, Orange County sentenced the defendant after a guilty plea; the defendant waived her right to appeal and appealed the sentence.