People v Little

Holding The court affirmed the conviction for attempted gang assault in the first degree, finding the waiver of the right to appeal valid. The majority held that this valid waiver precluded review of the sentence’s harshness and the imposition of mandatory surcharges and fees.

The court’s words

was sufficient to support a knowing and voluntary waiver under the totality of the circumstances

2026 NY Slip Op 04601, at the official text

The valid waiver of the right to appeal forecloses our review of defendant's challenge

2026 NY Slip Op 04601, at the official text

The valid waiver also precludes our review of defendant's challenge to the harshness of the sentence

2026 NY Slip Op 04601, at the official text

that does not mean that it must stop there

2026 NY Slip Op 04601, at the official text

the Appellate Division may be divested of its unique interest-of-justice jurisdiction only by constitutional amendment

2026 NY Slip Op 04601, at the official text

the imposition of the surcharge and fees in this case is fundamentally unjust

2026 NY Slip Op 04601, at the official text