Summary
The New York Appellate Division, Third Department affirmed a judgment convicting Jahmere Manning of second-degree murder based on his guilty plea and agreed-upon sentence of 20 years to life. The court held that Manning knowingly, intelligently, and voluntarily waived his right to appeal, and that the valid waiver barred his challenge to the severity of the agreed-upon sentence.
Holdings
- The combined oral and written waiver of defendant's right to appeal was knowing, intelligent, and voluntary and therefore valid.
- The valid appeal waiver precluded defendant's challenge to the severity of the agreed-upon sentence.
Questions Presented
- Whether defendant's combined oral and written waiver of the right to appeal was knowing, intelligent, and voluntary.
- Whether the appeal waiver barred defendant's challenge to the severity of the agreed-upon sentence despite the claimed failure to advise him of the maximum sentence during the plea proceeding.
Disposition
affirmed
Cases Cited (9)
- People v. Lane, 233 AD3d 1207, 1208-1209 (3d Dep't 2024), lv denied 43 NY3d 945 (2025)(followed)
- People v. Moses, 236 AD3d 1201, 1201-1202 (3d Dep't 2025)(followed)
- People v. Joseph, 227 AD3d 1233, 1234-1235 (3d Dep't 2024), lv denied 42 NY3d 1053 (2024)(followed)
- People v. Grant, 294 AD2d 671, 672 (3d Dep't 2002), lv denied 98 NY2d 730 (2002)(followed)
- People v. Lococo, 92 NY2d 825, 827 (1998)(followed)
- People v. Fusco, 74 AD3d 1583, 1584 (3d Dep't 2010), lv denied 15 NY3d 851 (2010)(followed)
- People v. Bowden, 177 AD3d 1037, 1039 (3d Dep't 2019), lv denied 34 NY3d 1157 (2020)(distinguished)
- People v. Lopez, 6 NY3d 248, 256 (2006)(followed)
- People v. Sealey, 234 AD3d 1184, 1185 (3d Dep't 2025)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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