People v. Butler
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*895The form waiver of the right to appeal signed by the defendant contained a misstatement of the applicable law and was misleading (see People v Pollenz, 67 NY2d 264 [1986]; People v Hurd, 44 AD3d 791, 792 [2007], lv denied 9 NY3d 1006 [2007]). Therefore, the purported waiver was invalid and appellate review of the defendant’s claim that the sentence imposed was excessive is not foreclosed.
We note that, apart from the invalidity of the waiver, a general waiver of the right to appeal does not foreclose review of the defendant’s contention that he was denied due process in the hearing conducted…
2Cases cited13 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. OutleyNew York Court of Appeals · 1993
- People v. ValenciaNew York Court of Appeals · 2004
- People v. HicksNew York Court of Appeals · 2002
- People v. PollenzNew York Court of Appeals · 1986
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- People v. BraggAppellate Division of the Supreme Court of the State of New York · 2012
- People v. ScottAppellate Division of the Supreme Court of the State of New York · 2012
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