People v Wallace

Holding The court affirmed the judgment, finding that the defendant’s oral waiver of the right to appeal was valid and that his claims regarding a Brady violation and sentencing were forfeited or unpreserved. The court further determined that the defendant received meaningful representation and that the valid appeal waiver encompassed his challenge to the severity of the sentence.

The court’s words

the oral waiver colloquy, which followed the appropriate model colloquy, establishes that defendant knowingly, voluntarily, and intelligently waived his right to appeal

2026 NY Slip Op 05887, at the official text

the fact that the appeal waiver was not reduced to writing is of no moment where, as here, the oral waiver was adequate

2026 NY Slip Op 05887, at the official text

the alleged Brady material was disclosed before the plea, defendant's Brady claim is forfeited by his guilty plea

2026 NY Slip Op 05887, at the official text

defendant did not object to his status as a second felony offender and thus failed to preserve his contention for our review

2026 NY Slip Op 05887, at the official text

the plea bargaining process was infected by [the] allegedly ineffective assistance or that defendant entered [into] the plea because of [his] attorney['s] allegedly poor performance

2026 NY Slip Op 05887, at the official text

received an advantageous plea, and 'nothing in the record casts doubt on the apparent effectiveness of counsel'

2026 NY Slip Op 05887, at the official text

the valid waiver of the right to appeal encompasses defendant's challenge to the severity of the sentence

2026 NY Slip Op 05887, at the official text