People v Hummel-Parker

Holding The court held that the defendant’s appeal waiver was invalid due to overbroad language that was not cured by the oral colloquy. However, the judgment was affirmed because the plea was voluntary and the enhanced sentence was not unduly harsh or severe.

The court’s words

The written appeal waiver executed by defendant during the plea colloquy contains overbroad language, as it purports to, among other things, preclude him from pursuing collateral relief

2026 NY Slip Op 06041, at the official text

the totality of the circumstances does not establish that defendant knowingly, voluntarily and intelligently waived his right to appeal

2026 NY Slip Op 06041, at the official text

we are unpersuaded that the enhanced sentence, which is within the permissible statutory range for a second felony offender, was unduly harsh or severe

2026 NY Slip Op 06041, at the official text