After TF pleaded guilty and was sentenced by the Kings County Supreme Court, TF filed an appeal challenging his sentence and claiming it was excessive.
But on its review, the Appellate Division, Second Department, noted that TF had “knowingly, voluntarily, and intelligently waived his right to appeal.” While the lower court could have better handled the discussion of the appeal waiver before TF admitted guilt, the record showed that the defendant was aware of the waiver requirement and had discussed it with his attorney. The court's delay in explaining the waiver didn't invalidate it.
Given the relinquishment of his right to appeal, the AD2 affirmed the sentence, and declined to review TF’s sentence-excessiveness arguments.
That wasn’t appealing at all.
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DECISION