Judicial Insight

True Crime · Appellate Division of the Supreme Court of the State of New York

Sep 30, 2026 · 2023-12099 · Appeal

A prosecutor and a defendant stand on courthouse steps, discussing an appeal.AI illustration

Can a sentence be challenged if appeal rights were waived?

A defendant seeks to challenge a sentence after pleading guilty.

TL;DR

  1. 1The defendant pleaded guilty and got a sentence.
  2. 2He thinks the sentence is too harsh, even after agreeing not to appeal.
  3. 3Now it's up to the court to decide if his waiver blocks any review.

Appeal

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Can the defendant challenge his sentence after waiving appeal rights?

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