Waiver of Right to Appeal in New York
The right to appeal is an extremely valuable right. An appeal permits a criminal defendant to appeal his conviction to a higher court and have an appeals court review their conviction and sentence for errors.
Guilty pleas frequently include a waiver of the right to appeal a criminal conviction or sentence. If there is a valid waiver of the right to appeal, then the appeals court will not hear the appeal no matter how strong the appellate issues are for the appellant.
However, under New York law, a waiver of the right to appeal may be found invalid under certain circumstances. New York law states that it is the responsibility of the judge presiding over the plea and waiver to make it clear to the defendant that an appeal waiver “‘is separate and distinct from those rights automatically forfeited upon a plea of guilty.’" People v. Brown, 122 A.D.3d 133, 137 (2d Dep’t 2014), quoting People v. Bradshaw, 18 N.Y.3d 257, 264 (2011). An appeal waiver is invalid where, “the court lumps the waiver of the right to appeal in with the panoply of trial rights automatically forfeited upon pleading guilty, such as by misadvising the defendant: When you plead guilty you waive your right to appeal." Id.
An experienced appeal attorney will examine the record in a criminal case and determine whether the waiver of the right to appeal is valid or invalid. If the waiver is invalid, that will open up many opportunities for a successful appeal of a criminal conviction and sentence.
Contact the appeals attorneys at the Appeals Law Group today for a free consultation.
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