People v Schiff

Holding The court affirmed the conviction and sentence, finding that the defendant’s waiver of the right to appeal was invalid because the court failed to adequately explain the nature of the waiver and confirm the defendant’s understanding. However, the court declined to reach the defendant’s other claims regarding sentencing and plea conditions because they were not preserved for appellate review.

The court’s words

neither the court nor defense counsel made clear on the record that defendant understood that the right to appeal is separate and distinct from the numerous other trial rights automatically forfeited upon pleading guilty

2026 NY Slip Op 05610, at the official text

never adequately explained the nature of the waiver or the rights that defendant was waiving

2026 NY Slip Op 05610, at the official text

actually signed the written form and was aware of its content

2026 NY Slip Op 05610, at the official text

failed to preserve his claims that the court denied him his statutory right to speak at sentencing and violated his due process rights by failing to conduct any inquiry into whether he violated a condition of the plea by failing to complete community service

2026 NY Slip Op 05610, at the official text