People v Daniel

Holding The appellate court held that the defendant’s purported waiver of the right to appeal was invalid because it was not discussed as part of the plea bargain before the agreement was reached. Consequently, the court reviewed the excessive sentence claim and affirmed the sentence as not excessive.

The court’s words

the record does not reflect that the Supreme Court mentioned the waiver of appeal as part of the plea bargain being offered to the defendant before the agreement was reached

2026 NY Slip Op 06133, at the official text

Thus, the purported waiver does not preclude appellate review of the defendant's excessive sentence claim

2026 NY Slip Op 06133, at the official text

However, the sentence imposed was not excessive

2026 NY Slip Op 06133, at the official text