People v Gram

Holding The conviction is affirmed because the court providently exercised its discretion in rejecting the plea agreement, despite finding the waiver of the right to appeal invalid due to defects in the oral colloquy. The defendant’s due process claim regarding the plea violation inquiry was unpreserved and rejected on the merits.

The court’s words

the court did not make clear that the waiver of the right to appeal is "separate and distinct" from the waiver of trial rights

2026 NY Slip Op 05861, at the official text

The court did not confirm that defendant understood the written waiver, that he had discussed the waiver with his counsel, or even that he had read it

2026 NY Slip Op 05861, at the official text

the court providently exercised its discretion when it rejected the parties' proposed plea agreement

2026 NY Slip Op 05861, at the official text

is unpreserved because he neither requested further inquiry nor moved to withdraw his plea

2026 NY Slip Op 05861, at the official text