People v. Morrow

Summary

The Appellate Division, Second Department affirmed the defendant's judgment of conviction for criminal possession of a controlled substance in the third degree following her guilty plea. The court held that she knowingly and voluntarily waived her right to appeal, her challenge to the voluntariness of the plea was unpreserved and meritless, and the waiver barred review of her excessive-sentence claim.

Holdings

1. The defendant knowingly, voluntarily, and intelligently waived her right to appeal.
2. The defendant's claim concerning the voluntariness of her guilty plea survived her valid waiver of the right to appeal, but the claim was unpreserved; in any event, the record showed that the plea was knowing, voluntary, and intelligent.
3. The defendant's valid waiver of the right to appeal precluded appellate review of her claim that the sentence was excessive.

Questions Presented

1. Whether defendant knowingly, voluntarily, and intelligently waived her right to appeal.
2. Whether defendant's challenge to the voluntariness of her guilty plea was preserved for appellate review and, if not, whether the plea was nevertheless knowing, voluntary, and intelligent.
3. Whether defendant's valid waiver of the right to appeal precluded appellate review of her excessive-sentence claim.

Disposition

affirmed