People v Mills

Holding The court held that the purported waiver of the right to appeal was invalid because the record did not establish that the People, rather than the court, required it as a condition of the plea. Consequently, the court reviewed the excessive sentence claim and affirmed the sentence as not excessive.

The court’s words

the record does not establish that the defendant knowingly, voluntarily, and intelligently waived her right to appeal

2026 NY Slip Op 05415, at the official text

The record failed to indicate that the People, rather than the Supreme Court, required a waiver of the right to appeal

2026 NY Slip Op 05415, at the official text

the purported waiver does not preclude this Court's review of the defendant's excessive sentence claim

2026 NY Slip Op 05415, at the official text

Nonetheless, the sentence imposed was not excessive

2026 NY Slip Op 05415, at the official text