New York Court of Appeals

The People of the State of New York, Respondent v. Sandro Lopez, Appellant; the People of the State of New York…

February 16, 20066 N.Y.3d 248

Summary

The Court held that a criminal defendant who knowingly, intelligently, and voluntarily waives the right to appeal as part of a negotiated guilty plea also waives the ability to seek interest-of-justice review of an otherwise legal but allegedly excessive sentence. It affirmed the orders in Lopez and Nicholson because their waivers were valid, but reversed and remitted Billingslea because the record did not establish an adequately informed waiver. Judge G.B. Smith, concurring in result, would have preserved the Appellate Division's constitutional authority to review and reduce unduly harsh sentences despite an appeal waiver.