New York’s Court of Appeals Thursday made clear that a defendant who waives the right to appeal has no interest-of-justice remedy to an allegedly excessive sentence, assuming the trial judge scrupulously ensured that the defendant understood the implications of the waiver.

“By waiving the right to appeal in connection with a negotiated plea and sentence, a defendant agrees to end the proceedings entirely at the time of sentencing and to accept as reasonable the sentence imposed,” Chief Judge Judith S. Kaye wrote for the court. “A defendant may not subsequently eviscerate that bargain by asking an appellate court to reduce the sentence in the interest of justice.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]