People to demand waiver in New York

2026Contrary to defendant's contentions, a waiver of the right to appeal is not unconscionable per se, it is not improper for the People to demand a waiver of the right to appeal as a condition of a plea bargain, and an appeal waiver is not rendered unenforceable due to circumstances inherent to the plea bargaining process in general ( see People v Thomas , 34 NY3d 545 , 557 [2019], cert denied — US &mdash, 140 S Ct 2634 [2020]; People v Brinkman , 240 AD3d 1431 , 1431-1432 [4th Dept 2025], lv denied 44 NY3d 1027 [2025]; People v Barr , 192 AD3d 1571, 1571 [4th Dept 2021], lv denied 37 NY3d 954 [2

2026Contrary to defendant's contention, a waiver of the right to appeal is not unconscionable per se ( see People v Brinkman , 240 AD3d 1431 , 1431-1432 [4th Dept 2025], lv denied 44 NY3d 1027 [2025]; People v Barr , 192 AD3d 1571, 1571 [4th Dept 2021], lv denied 37 NY3d 954 [2021]; see generally People v Thomas , 34 NY3d 545 , 557-558 [2019], cert denied 589 US 1302 [2020]), and it is not improper for the People to demand a waiver of the right to appeal as a condition of a plea bargain ( see Brinkman , 240 AD3d at 1431-1432; see e.g.

2026People v Thomas , 237 AD3d 1557 , 1557-1558 [4th Dept 2025], lv denied 43 NY3d 1059 [2025]; People v Giles , 219 AD3d 1706, 1706 [4th Dept 2023], lv denied 40 NY3d 1039 [2023]).

2025People v Thomas , 237 AD3d 1557 , 1557-1558 [4th Dept 2025]; People v Giles , 219 AD3d 1706, 1706 [4th Dept 2023], lv denied 40 NY3d 1039 [2023]).

2025We also reject defendant's remaining challenges to the appeal waiver. "[A] waiver of the right to appeal is not unconscionable per se" under binding current Court of Appeals precedent ( Brinkman , 240 AD3d at 1431; see Thomas , 34 NY3d at 557-558, 558 n 1; People v Seaberg , 74 NY2d 1, 8-9 [1989]), and "it is not improper for the People to demand a waiver of the right to appeal as a condition of a plea bargain" ( Brinkman , 240 AD3d at 1431-1432).

2025We also reject defendant's remaining challenges to the appeal waiver. "[A] waiver of the right to appeal is not unconscionable per se" under binding current Court of Appeals precedent ( Brinkman , 240 AD3d at 1431; see Thomas , 34 NY3d at 557-558, 558 n 1; People v Seaberg , 74 NY2d 1, 8-9 [1989]), and "it is not improper for the People to demand a waiver of the right to appeal as a condition of a plea bargain" ( Brinkman , 240 AD3d at 1431-1432).

2025In addition, the record establishes that defendant received consideration in exchange for the waiver inasmuch as the plea agreement resulted in defendant pleading guilty to the lowest felony count in the indictment in full satisfaction of all charges therein, including a higher felony count, and defendant received a sentencing promise ( see People v Allen , 174 AD3d 1456 , 1456 [4th Dept 2019], lv denied 34 NY3d 978 [2019]; People v Frank , 258 AD2d 900, 900 [4th Dept 1999], lv denied 93 NY2d 924 [1999]; cf. People v Gramza , 140 AD3d 1643, 1643-1644 [4th Dept 2016], lv denied 28 NY3d 930 [201

2025In addition, the record establishes that defendant received consideration in exchange for the waiver inasmuch as the plea agreement resulted in defendant pleading guilty to the lowest felony count in the indictment in full satisfaction of all charges therein, including a higher felony count, and defendant received a sentencing promise ( see People v Allen , 174 AD3d 1456 , 1456 [4th Dept 2019], lv denied 34 NY3d 978 [2019]; People v Frank , 258 AD2d 900, 900 [4th Dept 1999], lv denied 93 NY2d 924 [1999]; cf. People v Gramza , 140 AD3d 1643, 1643-1644 [4th Dept 2016], lv denied 28 NY3d 930 [201

2025In addition, the record establishes that defendant received consideration in exchange for the waiver inasmuch as the plea agreement resulted in defendant pleading guilty to the lowest felony count in the indictment in full satisfaction of all charges therein, including a higher felony count, and defendant received a sentencing promise ( see People v Allen , 174 AD3d 1456 , 1456 [4th Dept 2019], lv denied 34 NY3d 978 [2019]; People v Frank , 258 AD2d 900, 900 [4th Dept 1999], lv denied 93 NY2d 924 [1999]; cf. People v Gramza , 140 AD3d 1643, 1643-1644 [4th Dept 2016], lv denied 28 NY3d 930 [201

2025In addition, the record establishes that defendant received consideration in exchange for the waiver inasmuch as the plea agreement resulted in defendant pleading guilty to the lowest felony count in the indictment in full satisfaction of all charges therein, including a higher felony count, and defendant received a sentencing promise ( see People v Allen , 174 AD3d 1456 , 1456 [4th Dept 2019], lv denied 34 NY3d 978 [2019]; People v Frank , 258 AD2d 900, 900 [4th Dept 1999], lv denied 93 NY2d 924 [1999]; cf. People v Gramza , 140 AD3d 1643, 1643-1644 [4th Dept 2016], lv denied 28 NY3d 930 [201

2026Contrary to defendant's contentions, a waiver of the right to appeal is not unconscionable per se, it is not improper for the People to demand a waiver of the right to appeal as a condition of a plea bargain, and an appeal waiver is not rendered unenforceable due to circumstances inherent to the plea bargaining process in general ( see People v Thomas , 34 NY3d 545 , 557 [2019], cert denied — US &mdash, 140 S Ct 2634 [2020]; People v Brinkman , 240 AD3d 1431 , 1431-1432 [4th Dept 2025], lv denied 44 NY3d 1027 [2025]; People v Barr , 192 AD3d 1571, 1571 [4th Dept 2021], lv denied 37 NY3d 954 [2

2025Contrary to defendant's contentions, a waiver of the right to appeal is not unconscionable per se ( see People v Barr , 192 AD3d 1571, 1571 [4th Dept 2021], lv denied 37 NY3d 954 [2021]; see generally People v Thomas , 34 NY3d 545 , 557 [2019], cert denied — US &mdash, 140 S Ct 2634 [2020]), and it is not improper for the People to demand a waiver of the right to appeal as a condition of a plea bargain ( see e.g.