People v Tucker

Holding The defendant’s waiver of the right to appeal was invalid because the oral colloquy was ambiguous and the court failed to discuss the written waiver, allowing appellate review of the excessive sentence claim. However, the sentence was affirmed because it was not excessive.

The court’s words

the record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal

2026 NY Slip Op 05425, at the official text

the Supreme Court's oral colloquy was potentially misleading as to whether the defendant retained the right to challenge the sentence

2026 NY Slip Op 05425, at the official text

the written appeal waiver could not serve to cure the ambiguity in the oral colloquy

2026 NY Slip Op 05425, at the official text

the defendant's purported waiver of his right to appeal was invalid and does not preclude appellate review

2026 NY Slip Op 05425, at the official text