People v. Black

Summary

The New York Appellate Division, Second Department, affirmed Abraham Black's sentence following his guilty plea. The court held that the defendant's purported waiver of the right to appeal was not knowing, voluntary, and intelligent under the circumstances, but concluded that the sentence was not excessive.

Holdings

1. The defendant did not knowingly, voluntarily, and intelligently waive his right to appeal under the totality of the circumstances; therefore, the purported waiver did not preclude appellate review of his excessive-sentence claim.
2. The sentence imposed was not excessive.

Questions Presented

1. Whether the defendant knowingly, voluntarily, and intelligently waived the right to appeal so that the waiver barred appellate review of his excessive-sentence claim.
2. Whether the sentence imposed upon the defendant's guilty plea was excessive.

Disposition

affirmed