People v. Molyneaux

Summary

The Appellate Division, Second Department affirmed Jennifer Molyneaux’s judgment of conviction for second-degree murder following her guilty plea. The court held that her purported appeal waiver was invalid because the oral colloquy mischaracterized the waiver and the written waiver lacked required clarifying language, but concluded that the sentence was not excessive.

Holdings

1. The defendant's purported waiver of her right to appeal was invalid and therefore did not preclude appellate review of her excessive-sentence claim.
2. The sentence imposed was not excessive.

Questions Presented

1. Whether the defendant's purported waiver of the right to appeal was valid and barred appellate review of her excessive-sentence claim.
2. Whether the sentence imposed after the defendant's guilty plea was excessive.

Disposition

affirmed