People of the State of New York v. Daeshon Futrell

Summary

The Appellate Division, Second Department affirmed the defendant's judgment of conviction for assault in the second degree following his guilty plea. The court held that the defendant's waiver of the right to appeal was knowing, voluntary, and intelligent, and that it precluded review of his excessive-sentence claim.

Holdings

1. The defendant's waiver of the right to appeal was valid because he acknowledged twice, before pleading guilty and admitting guilt, that the waiver was a condition of the plea agreement, and the totality of the circumstances showed that the waiver was knowing, voluntary, and intelligent.
2. The defendant's valid waiver of the right to appeal precluded appellate review of his contention that the sentence imposed was excessive.

Questions Presented

1. Whether the defendant's waiver of the right to appeal was valid when much of the waiver discussion occurred after he admitted guilt.
2. Whether the valid appeal waiver precluded appellate review of the defendant's contention that his sentence was excessive.

Disposition

affirmed