People v Whitmore

Holding The court affirmed the judgment, determining that the defendant’s waiver of the right to appeal was valid because it was knowingly, voluntarily, and intelligently executed through both oral colloquy and written agreement. Consequently, the defendant’s challenge to the harshness of his sentence was precluded by the valid appeal waiver.

The court’s words

the combined oral and written appeal waiver establish that defendant knowingly, voluntarily and intelligently waived his right to appeal

2026 NY Slip Op 05572, at the official text

the appeal waiver is "completely separate and apart" from the trial-related rights forfeited by the guilty plea

2026 NY Slip Op 05572, at the official text

Given the valid appeal waiver, defendant's challenge to the perceived harshness of the sentence is precluded

2026 NY Slip Op 05572, at the official text