People v Banks

Holding The court held that the defendant’s waiver of the right to appeal was invalid because the trial court failed to explain that the State would bear the costs of appeal if the defendant could not afford them. However, the court affirmed the judgment, concluding that the sentence imposed was not unduly harsh or severe.

The court’s words

did not explain that if the defendant could not afford the costs of an appeal or of an attorney to represent him on appeal, the State would bear those costs

2026 NY Slip Op 04715, at the official text

We therefore cannot conclude that the waiver of appeal was knowing or voluntary

2026 NY Slip Op 04715, at the official text

We nonetheless conclude that the sentence is not unduly harsh or severe

2026 NY Slip Op 04715, at the official text