People v Saylor

Holding The court held that the defendant’s appeal waiver was invalid because the oral colloquy mischaracterized the rights waived and occurred after the plea, rendering the written waiver insufficient to cure the defect. Despite the invalid waiver, the court affirmed the sentence as not excessive.

The court’s words

waiving [his] right to argue that an error took place before this court or to ask for any modification or reversal of this conviction

2026 NY Slip Op 06148, at the official text

the court did not discuss the appeal waiver with the defendant until after he had already admitted his guilt as part of the plea agreement

2026 NY Slip Op 06148, at the official text

the defendant's execution of a written waiver of the right to appeal did not cure the deficient oral colloquy

2026 NY Slip Op 06148, at the official text