Appellate Division, Fourth Department · July 24, 2026 · 2026 NY Slip Op 04637
People v Cleveland
Read the official decision: 2026 NY Slip Op 04637
Holding The court affirmed the conviction, holding that the defendant’s waiver of the right to appeal was valid and knowing, even without a specific list of surviving claims. The court further determined that the defendant’s challenge to the enhanced sentence was waived or unpreserved because he failed to object or move to withdraw the plea.
The court’s words
No 'particular litany' is required for a waiver of the right to appeal to be valid
2026 NY Slip Op 04637, at the official text
the waiver by defendant of the right to appeal encompasses [his] further contention that the enhanced sentence is unduly harsh
2026 NY Slip Op 04637, at the official text
the court [was] no longer bound by the agreement and [was] free to impose a greater sentence
2026 NY Slip Op 04637, at the official text
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | July 24, 2026 |
| Citation | 2026 NY Slip Op 04637 |
| Area of law | Criminal Law |
| Week | Week ending July 25, 2026 |
| Official text | Official decision: 2026 NY Slip Op 04637 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 457 |
Recommended citation
ESQ HQ, New York Law Watch, People v Cleveland, 2026 NY Slip Op 04637 (Appellate Division, Fourth Department, July 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-04637/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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