Summary
The New York Appellate Division, Fourth Department, unanimously affirmed a judgment convicting Eric J. Weir, upon his guilty plea, of criminal sexual act in the first degree. The court held that defendant's valid waiver of the right to appeal, which was included in the plea agreement and properly reviewed during the plea colloquy, foreclosed his challenge to the severity of his sentence.
Topics
Practice areas
Questions Presented
- Whether defendant's waiver of the right to appeal was unenforceable because the County Court allegedly added it sua sponte as a condition of the plea.
- Whether the waiver of the right to appeal precluded appellate review of defendant's challenge to the severity of his sentence.
Holdings
- The waiver of the right to appeal was valid and enforceable because the record showed that defendant and defense counsel agreed that the plea agreement included the waiver, and there was no indication that the court added it sua sponte.
- The valid waiver of the right to appeal foreclosed defendant's challenge to the severity of his sentence.
Key quotations
“We therefore conclude that the valid waiver forecloses defendant's challenge to the severity of the sentence” ([*1])
Factual background
Defendant pleaded guilty to criminal sexual act in the first degree under Penal Law former § 130.50(3). Immediately before entering the plea, defense counsel and defendant stated on the record that the plea agreement's proposed disposition included a waiver of the right to appeal. During the plea colloquy, the County Court used the appropriate model colloquy concerning the waiver.
Procedural history
Onondaga County Court entered judgment on July 2, 2024, convicting defendant upon his guilty plea of criminal sexual act in the first degree. The Appellate Division held that defendant validly waived his right to appeal as part of the plea agreement and unanimously affirmed the judgment.