People v. Barnwell

Summary

The Appellate Division, Second Department affirmed Terrence Barnwell's judgment of conviction for criminal possession of a weapon in the third degree following his guilty plea. The court held that Barnwell knowingly, voluntarily, and intelligently waived his right to appeal, precluding review of his speedy-trial and excessive-sentence claims.

Holdings

1. The record demonstrated that defendant knowingly, voluntarily, and intelligently waived his right to appeal.
2. Defendant's valid waiver of the right to appeal precluded appellate review of his challenge to the denial of his motion to dismiss the indictment on the ground that he was deprived of his statutory right to a speedy trial.
3. 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 defendant knowingly, voluntarily, and intelligently waived his right to appeal.
2. Whether the valid appeal waiver precluded appellate review of defendant's challenge to the denial of his statutory speedy-trial motion.
3. Whether the valid appeal waiver precluded appellate review of defendant's claim that his sentence was excessive.

Disposition

affirmed