Court of Appeals of New York

In a conviction of defendant for grand larceny and forgery for stealing money from her employer, the Appellate Division's dismissal of the appeal on the ground that defendant's waiver of right to appeal encompassed her challenge to the severity of the sentence is reversed and remanded, as the plea colloquy fails to establish that defendant knowingly and intelligently waived her right to appeal the severity of her sentence. Further, while it is evidence that defendant waived her right to appeal her conviction, there is no indication in the record that she waived her right to appeal the harshness of her sentence.

Appellate Information

• Decided 06/27/2012
• Published 06/27/2012

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Court

• Court of Appeals of New York

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