Court of Appeals of New York

By memorandum in consolidated unrelated cases in which the defendants pleaded guilty to a particular crime and waived the right to appeal, and then challenged the validity of the waiver and asserted that the sentence was excessive, the orders of the Appellate Division are reversed and the matters remitted for clarification, as it was impermissible for the Appellate Division to summarily affirm without indicating whether it relied on the waiver or determined that the sentencing claim lacked merit.

Appellate Information

• Decided 05/08/2012
• Published 05/08/2012

Judges

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Philip Rothschild, James P. Maxwell