People v. Cano-Pringle

Summary

The Appellate Division, Third Department, affirmed a judgment convicting Ny-Jair Cano-Pringle upon his guilty plea to attempted promoting prison contraband in the first degree. The court held that the appeal waiver was valid because it was included in the People's plea offer and understood by the defendant, thereby precluding his challenge to the severity of the sentence.

Holdings

1. The appeal waiver was valid because the waiver was specifically included in the People's plea offer, placed on the record, and accepted as part of the agreed-upon disposition; County Court did not impose it unilaterally.
2. Because defendant did not otherwise challenge the validity of the appeal waiver, his challenge to the severity of the sentence was precluded.

Questions Presented

1. Whether the waiver of the right to appeal was invalid because County Court allegedly imposed it unilaterally as a condition of the plea agreement without articulating a reason.
2. Whether defendant's challenge to the severity of his sentence was precluded by the valid appeal waiver.

Disposition

affirmed