People v Brown
2021 NY Slip Op 02867
Decided on May 6, 2021
Questions about an appeal? Call 1-800-APPEALS [1-800-277-3257] to speak to appeals attorney Stephen Preziosi.
Issue:
Whether an appeal waiver is valid even when a defendant’s right to make a personal statement pursuant to CPL 380.50(1) was violated during sentencing.
Holding:
The Court held that the appeal waiver is enforceable despite the defendant’s claim that his CPL 380.50(1) rights were violated, as appeal waivers simultaneously waive one’s constitutional and statutory rights.
Facts:
George Brown pled guilty to Attempted Assault in the First Degree in exchange for a negotiated sentence of seven years in prison. As part of the plea proceeding, he waived his right to appeal. At sentencing, Brown was not permitted to make a statement. He appealed, arguing that this statutory violation invalidated the appeal waiver.
Analysis:
Appeal Waivers Waive One’s Statutory and Constitutional Rights
The Court concludes that appeal waivers are enforceable if they are knowing, voluntary and competently provided by the defendant. The Court, prosecutor, Brown and his counsel understood the agreement they had reached, and the Court contends that the appeal waiver simultaneously waived Brown’s right to speak at sentencing.
Though the CPL 380.50(1) states that, “…The defendant also has the right to make a statement personally in his or her own behalf, and before pronouncing sentence the court must ask the defendant whether he or she wishes to make such a statement,” and though this right is “deeply rooted” and “substantial,” the Court concludes it is largely personal to the defendant and does not invalidate his appeal waiver (see People v McClain, 35 NY2d 48 [1974]).
Moreover, the Court held that “a valid unrestricted waiver of appeal elicited during a plea proceeding can preclude appellate review of claims that have ‘not yet reached full maturation,’ including those arising during sentencing” (People v Muniz, 91 NY2d 575 [1998]).
The Court rejects Brown’s challenge to the appeal waiver.
Questions about an appeal? Call 1-800-APPEALS [1-800-277-3257] to speak to appeals attorney Stephen Preziosi.