People v. Navarro

Appellate Division of the Supreme Court of New York, Second Department · 2024 · Criminal Law

2024 NY Slip Op 06215 (2024)

Updated August 1, 2026

Criminal Lawmistake of factappeal waiverguilty pleasentencingpreservationsentence excessivenessknowing voluntary intelligent

Facts

The defendant pleaded guilty to assault in the second degree in Supreme Court, Kings County. The record included an appeal waiver, but the Appellate Division concluded that the record did not show that the waiver was knowingly, voluntarily, and intelligently made under the totality of the circumstances. The defendant did not move to withdraw his plea or otherwise challenge the plea's validity in the trial court. He appealed from the ensuing judgment of conviction and sentence.

Issue

Whether the defendant validly waived his right to appeal, thereby limiting appellate review of his sentencing claim, and whether his challenge to the knowing, voluntary, and intelligent nature of his guilty plea was preserved for appellate review. If unpreserved, the court also considered whether any narrow exception to preservation applied.

Rule

An appeal waiver is enforceable only if the record demonstrates that the defendant knowingly, voluntarily, and intelligently waived the right to appeal under the totality of the circumstances. A claim that a guilty plea was not knowingly, voluntarily, and intelligently entered is unpreserved for appellate review unless the defendant moved to withdraw the plea or otherwise raised the issue before the trial court, absent a narrow exception. Even where appellate review is available, a sentence will not be disturbed as excessive if the appellate court concludes it was not excessive.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Buffalo, Devin Morales pleaded guilty to second-degree robbery in Monroe County. At the plea hearing, the judge told Devin only that he was "giving up some rights," and the written waiver was collected without any discussion of what the appeal waiver meant or whether it was separate from the rights automatically forfeited by the plea.

On appeal, Devin argues that his sentence is excessive. The prosecutor responds that the appeal waiver bars review. How should the appellate court rule?

Explanation. An appeal waiver is enforceable only if the record demonstrates that the defendant knowingly, voluntarily, and intelligently waived the right to appeal under the totality of the circumstances. Where the record does not adequately show that understanding, the waiver is invalid, and the appellate court is not precluded from considering an excessive-sentence claim.