People v Banks

Holding The court affirmed the judgment, holding that the defendant’s appeal waiver was valid and that his plea was not involuntary due to an unfulfilled promise or ineffective assistance of counsel. The court found that the delay in sentencing did not constitute a broken promise and that the defendant received an advantageous plea despite counsel’s alleged errors regarding restitution and program timing.

The court’s words

the delay in imposing the agreed-upon sentence did not constitute an unfulfilled promise so as to render defendant's plea involuntary

2026 NY Slip Op 06040, at the official text

we cannot find that the alleged failures by counsel regarding the amount of restitution owed at the time of the plea or the timing of defendant's entrance into the Willard program rendered defendant's plea involuntary

2026 NY Slip Op 06040, at the official text

the narrow exception to the preservation requirement was not triggered here because the record does not reflect that defendant made any statement during the plea proceeding that clearly casts significant doubt upon his guilt

2026 NY Slip Op 06040, at the official text