People v McCullough

Holding The court affirmed the judgment, finding that the defendant’s waiver of the right to appeal was valid and precluded his challenge to the severity of his enhanced sentence. The appellate court determined that the oral colloquy and written form demonstrated the defendant knowingly, intelligently, and voluntarily waived his right to appeal.

The court’s words

the oral colloquy and the assurances elicited from defendant with regard to his understanding of the nature and consequences of the appeal waiver were sufficient to support a knowing and voluntary waiver

2026 NY Slip Op 05828, at the official text

we are satisfied that defendant knowingly, intelligently and voluntarily waived the right to appeal

2026 NY Slip Op 05828, at the official text

The valid appeal waiver thus precludes defendant's challenge to the severity of his enhanced sentence

2026 NY Slip Op 05828, at the official text