Legal Opinion · Concurrence

The People v. Raymond Leach

New York Court of Appeals

Decided February 23, 2016No. 12Published

1ConcurrenceRivera, J.

I concur in the result, but write separately to address the invalidity of defendant’s postplea waiver, obtained at defendant’s postplea, non-contemporaneous sentencing proceeding. The issue is preserved, and the propriety of these types of waivers is likely to evade our review, *1155when, as here, a defendant challenges the severity of a sentence in the Appellate Division, but completes the sentence prior to a decision from this Court. The fact that the Appellate Division previously rejected waivers obtained in the course of this same sentencing procedure, but found defendant’s waiver valid in…

2Cases cited8 opinions

  1. People v. LopezNew York Court of Appeals · 2006
  2. People v. SeabergNew York Court of Appeals · 1989
  3. People v. BradshawNew York Court of Appeals · 2011
  4. People v. CallahanNew York Court of Appeals · 1992
  5. People v. GilAppellate Division of the Supreme Court of the State of New York · 2013

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