Summary
The Appellate Division, Second Department, affirmed the defendant's judgment of conviction for attempted robbery in the second degree following his guilty plea. The court held that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, precluding review of his excessive-sentence and cruel-and-unusual-punishment claims.
Holdings
- The defendant knowingly, voluntarily, and intelligently waived his right to appeal, and the valid waiver precluded appellate review of his challenges to the sentence.
Questions Presented
- Whether the defendant knowingly, voluntarily, and intelligently waived his right to appeal.
- Whether the valid appeal waiver precluded appellate review of the claims that the sentence was excessive and constituted cruel and unusual punishment.
Disposition
affirmed
Cases Cited (4)
- People v. Thomas, 34 NY3d 545(followed)
- People v. Lopez, 6 NY3d 248(followed)
- People v. Archer, 239 AD3d 763, 764(followed)
- People v. Escobargarcia, 237 AD3d 1221, 1222(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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