People v. Walker

2026 NY Slip Op 00155 (N.Y. Ct. App. 2026) · Supreme Court of the State of New York, Appellate Division, Second Judicial Department · January 14, 2026 · No. 2022-06801

Summary

The New York Appellate Division, Second Department, affirmed Malcolm Walker's judgment of conviction for criminal possession of a firearm following his guilty plea. The court held that Walker knowingly, intelligently, and voluntarily waived his right to appeal, which precluded review of his speedy trial claim concerning the validity of the People's certificate of compliance and statement of readiness.

Holdings

  1. A waiver of the right to appeal is enforceable when the record demonstrates that it was made knowingly, intelligently, and voluntarily; the record established that Walker's waiver satisfied those requirements.
  2. The defendant's valid waiver of the right to appeal precluded appellate review of his speedy-trial claim.

Questions Presented

  1. Whether the defendant knowingly, intelligently, and voluntarily waived his right to appeal.
  2. Whether the defendant's valid appellate waiver precluded review of his CPL 30.30 speedy-trial claim.

Disposition

affirmed

Cases Cited (8)

  • People v. Batista, 167 A.D.3d 69, 72-73 (2d Dep't 2018)(applied)
  • People v. Christopher B., 184 A.D.3d 657, 658 (2d Dep't 2020)(applied)
  • People v. Lopez, 6 N.Y.3d 248, 255-256 (2005)(applied)
  • People v. Hansen, 95 N.Y.2d 227, 230 (2000)(applied)
  • People v. Thomas, 34 N.Y.3d 545, 558-564, 566 (2019)(applied)
  • People v. Calvi, 89 N.Y.2d 868, 871 (1996)(applied)
  • People v. Gore, 224 A.D.3d 848, 848 (2d Dep't 2024)(applied)
  • People v. Lowe, 240 A.D.3d 771 (2d Dep't 2025)(applied)

Cited In (0)

No citing cases on record yet.

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