People v. Bonser

Bonser, 2025 NY Slip Op 06932 (Appellate Division of the Supreme Court of the State of New York Third Department 2025) · Appellate Division of the Supreme Court of the State of New York, Third Department · December 11, 2025 · No. CR-23-2006

Summary

The Appellate Division, Third Department affirmed Matthew R. Bonser's convictions for attempted murder in the second degree, burglary in the first degree, and assault in the second degree following his guilty plea. The court held that Bonser's waiver of his right to appeal was knowing, voluntary, and intelligent, and therefore foreclosed his challenge to the severity of his sentence.

Holdings

  1. The defendant's waiver of his right to appeal was knowing, voluntary, and intelligent.
  2. Because the appeal waiver was valid, defendant's challenge to the perceived severity of his sentence was foreclosed.

Questions Presented

  1. Whether defendant's waiver of his right to appeal was knowing, voluntary, and intelligent despite overbroad language in the written waiver.
  2. Whether defendant's challenge to the perceived severity of his sentence was foreclosed by the valid appeal waiver.

Disposition

affirmed

Cases Cited (5)

  • People v Sheehan, ___ AD3d ___, ___, 2025 NY Slip Op 05277, *2 [3d Dept 2025](followed)
  • People v Gonzalez, 234 AD3d 1186, 1186-1187 [3d Dept 2025](followed)
  • People v Morse, 230 AD3d 1471, 1472 [3d Dept 2024](followed)
  • People v Murauskas, 240 AD3d 1007, 1009 [3d Dept 2025](followed)
  • People v Rowe, 239 AD3d 1202, 1202 [3d Dept 2025](followed)

Cited In (0)

No citing cases on record yet.

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