People v Hampton

Holding The court held that the defendant’s waiver of the right to appeal was invalid because it did not clearly advise that the right to pursue collateral relief survived. Consequently, the court reviewed the sentence for severity but affirmed the judgment, finding the sentence not unduly harsh given it ran concurrently with a longer unrelated sentence.

The court’s words

Accordingly, defendant's appeal waiver is not knowing, intelligent and voluntary

2026 NY Slip Op 06355, at the official text

we are not persuaded that the imposed sentence was unduly harsh or severe

2026 NY Slip Op 06355, at the official text

the sentence was ordered, under the terms of the plea agreement, to run concurrently

2026 NY Slip Op 06355, at the official text