The People of the State of New York v. Carlos Ramos

Summary

In a memorandum decision, the Court of Appeals affirmed the Appellate Division's order determining that defendant's waiver of his right to appeal was effective. Although the sentencing court's oral colloquy may have been ambiguous, defendant executed a detailed written waiver stating that he had the right to appeal, explaining the appellate process, and confirming that defense counsel fully advised him of his right to take an appeal under New York law. On that basis, the record established that the waiver was made knowingly, intelligently and voluntarily. The Court reached this result by distinguishing a companion decision in which the colloquy was accompanied by nothing more than a one-word response.