Legal Opinion

People v. Charles

Appellate Division of the Supreme Court of the State of New York

Decided January 24, 2012Published

1Opinion of the Court

Where a defendant knowingly, voluntarily, and intelligently waives the right to appeal as part of a plea agreement, the waiver will be upheld (see People v Ramos, 7 NY3d 737 [2006]; People v Lopez, 6 NY3d 248 [2006]; People v Kemp, 94 NY2d 831, 833 [1999]; cf. People v Bradshaw, 18 NY3d 257 [2011]). Here, the defendant’s valid and unrestricted waiver of his right to appeal forecloses appellate review of the claim he seeks to raise (see People v Hershko, 88 AD3d 1013 [2011]; People v Walters, 84 AD3d 984 [2011]; People v Watt, 82 AD3d 912, 912 [2011]). Skelos, J.E, Dickerson, Austin and…

2Cases cited7 opinions

  1. People v. LopezNew York Court of Appeals · 2006
  2. People v. BradshawNew York Court of Appeals · 2011
  3. People v. RamosNew York Court of Appeals · 2006
  4. People v. KempNew York Court of Appeals · 1999
  5. People v. WattAppellate Division of the Supreme Court of the State of New York · 2011

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