Defendant was convicted upon his guilty plea of aggravated criminal contempt under Penal Law § 215.52 (3). In connection with the plea, defendant waived his right to appeal. On appeal, defendant contended that the waiver was invalid and sought review of the severity of his sentence. The appellate court evaluated the validity of the appeal waiver on the existing record.
Issue
Whether defendant's waiver of the right to appeal was knowing, voluntary, and intelligent, and, if so, whether that waiver barred appellate review of his challenge to the severity of his sentence.
Rule
An appeal waiver is enforceable when the record shows that it was knowing, voluntary, and intelligent. When a defendant validly waives the right to appeal, that waiver precludes appellate review of a claim that the sentence is unduly severe.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
In Rochester, Malik Turner pleaded guilty to a felony in Monroe County Supreme Court. During the plea colloquy, the judge separately explained that the right to appeal was distinct from the trial rights automatically forfeited by the plea, and Malik stated that he understood and wished to waive that right; he also signed a written waiver after consulting counsel.
Malik later appeals, arguing only that his prison term is unduly harsh. How should the appellate court rule?
Explanation. The controlling rule is that when the record establishes a knowing, voluntary, and intelligent waiver of the right to appeal, that waiver bars appellate review of a claim that the sentence is unduly severe. Here, the record shows a separate explanation of the appeal right, confirmation of understanding, and consultation with counsel, so the severity challenge is precluded. (Derived from People v. Simpson (n.d.).)