New York Court of Appeals
The People of the State of New York v. Amber Maracle, (Appeal No. 1.) the People of the State of New York v. Amber…
June 27, 201219 N.Y.3d 925
Summary
The Court held that the plea colloquy did not establish a knowing and intelligent waiver of the right to appeal the harshness of the sentence, so the waiver does not bar appellate review of the sentence, and reversed the Appellate Division’s orders, remanding the case for further proceedings. Justice Graffeo dissented, arguing that Hidalgo controls and the waiver should bar review.