combined oral and written waiver in New York

2025Based thereon, we are satisfied that the combined oral and written waiver satisfy the requirements of a valid appeal waiver ( see People v Blanchard , 188 AD3d 1414, 1415 [3d Dept 2020], lv denied 36 NY3d 1055 [2021]; People v Gumbs , 182 AD3d 701, 701-702 [3d Dept 2020], lv denied 35 NY3d 1066 [2020]; see also People v Sanchez , 241 AD3d 1675, 1676 [3d Dept 2025], lv denied ___ NY3d ___ [Nov. 24, 2025]; People v Kidd , 210 AD3d 1148, 1149 [3d Dept 2022], lv denied 39 NY3d 1073 [2023]).

2025Based thereon, we are satisfied that the combined oral and written waiver satisfy the requirements of a valid appeal waiver ( see People v Blanchard , 188 AD3d 1414, 1415 [3d Dept 2020], lv denied 36 NY3d 1055 [2021]; People v Gumbs , 182 AD3d 701, 701-702 [3d Dept 2020], lv denied 35 NY3d 1066 [2020]; see also People v Sanchez , 241 AD3d 1675 , 1676 [3d Dept 2025], lv denied ___ NY3d ___ [Nov. 24, 2025]; People v Kidd , 210 AD3d 1148, 1149 [3d Dept 2022], lv denied 39 NY3d 1073 [2023]).

2023This valid appeal waiver precludes defendant's argument that he was denied his statutory right to a speedy trial ( see People v Kidd , 210 AD3d 1148, 1149-1150 [3d Dept 2022], lv denied 39 NY3d 1073 [2023]; People v Dennis , 206 AD3d 1369 , 1371 [3d Dept 2022]; People v Votaw , 190 AD3d 1162, 1164 [3d Dept 2021], lv denied 36 NY3d 1101 [2021]).

2022Even if properly before us, the combined oral and written waiver established that the appeal waiver was valid ( see People v Thomas , 34 NY3d 545 , 559-561 [2019]; People v Vatow , 190 AD3d 1162, 1163-1164 [2021], lv denied 36 NY3d 1101 [2021]).

2022Under these circumstances, the combined oral and written waiver of appeal was a knowing, voluntary and intelligent choice ( see People v Thomas , 34 NY3d at 559; People v Bradshaw , 18 NY3d 257, 264-265 [2011]; People v Lopez , 6 NY3d at 256 ; People v Purnell , 186 AD3d 1834, 1834 [3d Dept 2020], lv denied 36 NY3d 975 [2020]).

2022Under these circumstances, the combined oral and written waiver of appeal was a knowing, voluntary and intelligent choice ( see People v Thomas , 34 NY3d at 559; People v Bradshaw , 18 NY3d 257, 264-265 [2011]; People v Lopez , 6 NY3d at 256 ; People v Cook , 208 AD3d 1508, 1508 [3d Dept 2022]; People v Purnell , 186 AD3d 1834, 1834 [3d Dept 2020], lv denied 36 NY3d 975 [2020]).

2022Under these circumstances, the combined oral and written waiver of appeal was a knowing, voluntary and intelligent choice ( see People v Thomas , 34 NY3d at 559; People v Bradshaw , 18 NY3d 257, 264-265 [2011]; People v Lopez , 6 NY3d at 256 ; People v Purnell , 186 AD3d 1834, 1834 [3d Dept 2020], lv denied 36 NY3d 975 [2020]).

2022Under these circumstances, the combined oral and written waiver of appeal was a knowing, voluntary and intelligent choice ( see People v Thomas , 34 NY3d at 559; People v Bradshaw , 18 NY3d 257, 264-265 [2011]; People v Lopez , 6 NY3d at 256 ; People v Cook , 208 AD3d 1508, 1508 [3d Dept 2022]; People v Purnell , 186 AD3d 1834, 1834 [3d Dept 2020], lv denied 36 NY3d 975 [2020]).

2025Based thereon, we are satisfied that the combined oral and written waiver satisfy the requirements of a valid appeal waiver ( see People v Blanchard , 188 AD3d 1414, 1415 [3d Dept 2020], lv denied 36 NY3d 1055 [2021]; People v Gumbs , 182 AD3d 701, 701-702 [3d Dept 2020], lv denied 35 NY3d 1066 [2020]; see also People v Sanchez , 241 AD3d 1675, 1676 [3d Dept 2025], lv denied ___ NY3d ___ [Nov. 24, 2025]; People v Kidd , 210 AD3d 1148, 1149 [3d Dept 2022], lv denied 39 NY3d 1073 [2023]).

2025Based thereon, we are satisfied that the combined oral and written waiver satisfy the requirements of a valid appeal waiver ( see People v Blanchard , 188 AD3d 1414, 1415 [3d Dept 2020], lv denied 36 NY3d 1055 [2021]; People v Gumbs , 182 AD3d 701, 701-702 [3d Dept 2020], lv denied 35 NY3d 1066 [2020]; see also People v Sanchez , 241 AD3d 1675 , 1676 [3d Dept 2025], lv denied ___ NY3d ___ [Nov. 24, 2025]; People v Kidd , 210 AD3d 1148, 1149 [3d Dept 2022], lv denied 39 NY3d 1073 [2023]).

2023As the combined oral and written waiver of appeal made clear that some appellate review survived, we are satisfied that defendant knowingly, intelligently and voluntarily waived his right to appeal ( see People v Drake , 217 AD3d 1273, 1273 [3d Dept 2023]; People v Defelice , 216 AD3d 1257 , 1258 [3d Dept 2023], lv denied 40 NY3d 933 [2023]).

2023As the combined oral and written waiver of appeal made clear that some appellate review survived, we are satisfied that defendant knowingly, intelligently and voluntarily waived his right to appeal ( see People v Drake , 217 AD3d 1273, 1273 [3d Dept 2023]; People v Defelice , 216 AD3d 1257 , 1258 [3d Dept 2023], lv denied 40 NY3d 933 [2023]).

2022Under these circumstances, the combined oral and written waiver of appeal was a knowing, voluntary and intelligent choice ( see People v Thomas , 34 NY3d at 559; People v Bradshaw , 18 NY3d 257, 264-265 [2011]; People v Lopez , 6 NY3d at 256 ; People v Purnell , 186 AD3d 1834, 1834 [3d Dept 2020], lv denied 36 NY3d 975 [2020]).

2022Under these circumstances, the combined oral and written waiver of appeal was a knowing, voluntary and intelligent choice ( see People v Thomas , 34 NY3d at 559; People v Bradshaw , 18 NY3d 257, 264-265 [2011]; People v Lopez , 6 NY3d at 256 ; People v Cook , 208 AD3d 1508, 1508 [3d Dept 2022]; People v Purnell , 186 AD3d 1834, 1834 [3d Dept 2020], lv denied 36 NY3d 975 [2020]).

2022Accordingly, as the record reflects no infirmities in the combined oral and written waiver ( compare People v Thomas , 34 NY3d 545 , 562-563 [2019]), we find that defendant knowingly, voluntarily and intelligently waived his right to appeal ( see People v Whitton , 201 AD3d 1259, 1259-1260 [2022]; People v Champion-Barse , 201 AD3d 1255, 1255 [2022]).

2022Defendant's valid appeal waiver, which we note specifically extended to any argument that the sentence is harsh and excessive, precludes our review of defendant's challenge to the severity of the sentence imposed ( see People v Whitton , 201 AD3d at 1260; People v Lapoint , 201 AD3d 1258, 1258 [2022], lv denied NY3d ___ [Apr. 21, 2022]).

2018In light of the valid waiver, defendant's challenge to the severity of her sentence is precluded ( see People v Webb , 157 AD3d 1132 , 1132 [2018]; People v Belile , 137 AD3d 1460, 1461 [2016]).

2016Initially, we are unpersuaded by defendant’s contention that the combined oral and written waiver of the right to appeal was not knowing, voluntary and intelligent (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Belile, 137 AD3d 1460, 1461 [2016]).

2022In light of the valid appeal waiver, defendant's challenge to the perceived severity of his sentence is precluded ( see People v Whitton , 201 AD3d 1259, 1260 [2022]; People v Christy , 200 AD3d at 1323 ).

2022Given defendant's valid waiver of appeal, he is precluded from challenging the sentence as unduly harsh or severe ( see People v Lopez , 6 NY3d at 255-256 ; People v Christy , 200 AD3d 1322, 1323 [3d Dept 2021]; People v Diggs , 178 AD3d 1203 , 1205 [3d Dept 2019], lv denied 34 NY3d 1158 [2020]).

2025To the extent that defendant challenges the agreed-upon amount of civil forfeiture, such contention "is waived both by his written forfeiture stipulation and his valid appeal waiver" ( People v Delosh , 227 AD3d 1276, 1277 [3d Dept 2024]; see People v Vellon , 128 AD3d 1274, 1275 [3d Dept 2015], lv denied 26 NY3d 1043 [2015]; compare People v Gaddy , 221 AD3d 1351, 1352 [3d Dept 2023], lv denied 41 NY3d 983 [2024]).

2025To the extent that defendant challenges the agreed-upon amount of civil forfeiture, such contention "is waived both by his written forfeiture stipulation and his valid appeal waiver" ( People v Delosh , 227 AD3d 1276 , 1277 [3d Dept 2024]; see People v Vellon , 128 AD3d 1274 , 1275 [3d Dept 2015], lv denied 26 NY3d 1043 [2015]; compare People v Gaddy , 221 AD3d 1351, 1352 [3d Dept 2023], lv denied 41 NY3d 983 [2024]).

2025Based thereon, we are satisfied that the combined oral and written waiver satisfy the requirements of a valid appeal waiver ( see People v Blanchard , 188 AD3d 1414, 1415 [3d Dept 2020], lv denied 36 NY3d 1055 [2021]; People v Gumbs , 182 AD3d 701, 701-702 [3d Dept 2020], lv denied 35 NY3d 1066 [2020]; see also People v Sanchez , 241 AD3d 1675, 1676 [3d Dept 2025], lv denied ___ NY3d ___ [Nov. 24, 2025]; People v Kidd , 210 AD3d 1148, 1149 [3d Dept 2022], lv denied 39 NY3d 1073 [2023]).

2025Based thereon, we are satisfied that the combined oral and written waiver satisfy the requirements of a valid appeal waiver ( see People v Blanchard , 188 AD3d 1414, 1415 [3d Dept 2020], lv denied 36 NY3d 1055 [2021]; People v Gumbs , 182 AD3d 701, 701-702 [3d Dept 2020], lv denied 35 NY3d 1066 [2020]; see also People v Sanchez , 241 AD3d 1675 , 1676 [3d Dept 2025], lv denied ___ NY3d ___ [Nov. 24, 2025]; People v Kidd , 210 AD3d 1148, 1149 [3d Dept 2022], lv denied 39 NY3d 1073 [2023]).

2025To the extent that defendant challenges the agreed-upon amount of civil forfeiture, such contention "is waived both by his written forfeiture stipulation and his valid appeal waiver" ( People v Delosh , 227 AD3d 1276, 1277 [3d Dept 2024]; see People v Vellon , 128 AD3d 1274, 1275 [3d Dept 2015], lv denied 26 NY3d 1043 [2015]; compare People v Gaddy , 221 AD3d 1351, 1352 [3d Dept 2023], lv denied 41 NY3d 983 [2024]).

2025To the extent that defendant challenges the agreed-upon amount of civil forfeiture, such contention "is waived both by his written forfeiture stipulation and his valid appeal waiver" ( People v Delosh , 227 AD3d 1276 , 1277 [3d Dept 2024]; see People v Vellon , 128 AD3d 1274 , 1275 [3d Dept 2015], lv denied 26 NY3d 1043 [2015]; compare People v Gaddy , 221 AD3d 1351, 1352 [3d Dept 2023], lv denied 41 NY3d 983 [2024]).

2023As the combined oral and written waiver of appeal made clear that some appellate review survived, we are satisfied that defendant knowingly, intelligently and voluntarily waived his right to appeal ( see People v Trent , 206 AD3d 1355 , 1355-1356 [3d Dept 2022]; People v Carter , 191 AD3d 1168, 1169 [3d Dept 2021]).

2022The record contains no support for defendant's claim that he was pressured to sign the waiver, as he faced the same type of situational pressure confronted by all accused persons who are offered a plea agreement conditioned on such a waiver, which did not undermine its voluntariness[*2]( see People v Seaberg , 74 NY2d 1, 8-9 [1989]; People v Blanford , 179 AD3d 1388, 1392 [2020], lv denied 35 NY3d 968 [2020]; People v Morey , 110 AD3d 1378 , 1379 [2013], lv denied 23 NY3d 965 [2014]).

2022Although the practice of inserting a waiver of appeal in a lengthy written guilty plea document is disfavored given the potential that the separate and distinct nature of the waiver will be less than clear ( see People v Thomas , 153 AD2d 1445 , 1446 [2017], lv denied 30 NY3d 1064 [2017]; People v Breault , 150 AD3d 1548, 1549 [2017]), on this record, we are satisfied that the combined oral and written waiver made clear the separate and distinct nature of the appeal waiver and that defendant understood both its meaning and consequences ( see People v Sanders , 25 NY3d 337, 341 [2015]; People v

2022Under these circumstances, the combined oral and written waiver of appeal was a knowing, voluntary and intelligent choice ( see People v Thomas , 34 NY3d at 559; People v Bradshaw , 18 NY3d 257, 264-265 [2011]; People v Lopez , 6 NY3d at 256 ; People v Cook , 208 AD3d 1508, 1508 [3d Dept 2022]; People v Purnell , 186 AD3d 1834, 1834 [3d Dept 2020], lv denied 36 NY3d 975 [2020]).

2022Discerning no infirmities in the combined oral and written waiver ( compare People v Thomas , 34 NY3d 545 , 562-563 [2019]), we conclude that defendant's waiver of the right to appeal was knowing, intelligent and voluntary ( see People v Wilson , 194 AD3d 1195, 1196 [2021]; People v Pribble , 190 AD3d 1194, 1195 [2021]).

2022Discerning no infirmities in the combined oral and written waiver ( compare People v Thomas , 34 NY3d 545 , 562-563 [2019]), we conclude that defendant's waiver of the right to appeal was knowing, intelligent and voluntary ( see People v Wilson , 194 AD3d 1195, 1196 [2021]; People v Pribble , 190 AD3d 1194, 1195 [2021]).

2022The valid appeal waiver precludes our review of defendant's challenge to the severity of her sentence ( see People v Parker , 196 AD3d 970, 971 [2021]; People v Mirel , 194 AD3d 1198, 1199 [2021]).

2022Given defendant's valid waiver of appeal, he is precluded from challenging the sentence as unduly harsh or severe ( see People v Lopez , 6 NY3d at 255-256 ; People v Ballester-Perez , 195 AD3d 1234, 1235 [3d Dept 2021], lv denied 37 NY3d 970 [2021]).

2022The valid appeal waiver precludes our review of defendant's challenge to the severity of her sentence ( see People v Parker , 196 AD3d 970, 971 [2021]; People v Mirel , 194 AD3d 1198, 1199 [2021]).

2022Although the practice of inserting a waiver of appeal in a lengthy written guilty plea document is disfavored given the potential that the separate and distinct nature of the waiver will be less than clear ( see People v Thomas , 153 AD2d 1445 , 1446 [2017], lv denied 30 NY3d 1064 [2017]; People v Breault , 150 AD3d 1548, 1549 [2017]), on this record, we are satisfied that the combined oral and written waiver made clear the separate and distinct nature of the appeal waiver and that defendant understood both its meaning and consequences ( see People v Sanders , 25 NY3d 337, 341 [2015]; People v

2022Accordingly, as the record reflects no infirmities in the combined oral and written waiver ( compare People v Thomas , 34 NY3d 545 , 562-563 [2019]), we find that defendant knowingly, voluntarily and intelligently waived his right to appeal ( see People v Whitton , 201 AD3d 1259, 1259-1260 [2022]; People v Champion-Barse , 201 AD3d 1255, 1255 [2022]).

2022Defendant's valid appeal waiver, which we note specifically extended to any argument that the sentence is harsh and excessive, precludes our review of defendant's challenge to the severity of the sentence imposed ( see People v Whitton , 201 AD3d at 1260; People v Lapoint , 201 AD3d 1258, 1258 [2022], lv denied NY3d ___ [Apr. 21, 2022]).

2022The record contains no support for defendant's claim that he was pressured to sign the waiver, as he faced the same type of situational pressure confronted by all accused persons who are offered a plea agreement conditioned on such a waiver, which did not undermine its voluntariness[*2]( see People v Seaberg , 74 NY2d 1, 8-9 [1989]; People v Blanford , 179 AD3d 1388, 1392 [2020], lv denied 35 NY3d 968 [2020]; People v Morey , 110 AD3d 1378 , 1379 [2013], lv denied 23 NY3d 965 [2014]).

2022Although the practice of inserting a waiver of appeal in a lengthy written guilty plea document is disfavored given the potential that the separate and distinct nature of the waiver will be less than clear ( see People v Thomas , 153 AD2d 1445 , 1446 [2017], lv denied 30 NY3d 1064 [2017]; People v Breault , 150 AD3d 1548, 1549 [2017]), on this record, we are satisfied that the combined oral and written waiver made clear the separate and distinct nature of the appeal waiver and that defendant understood both its meaning and consequences ( see People v Sanders , 25 NY3d 337, 341 [2015]; People v

2021The valid appeal waiver precludes defendant's challenge to County Court declining to grant him youthful offender status ( see People v Caggiano , 150 AD3d 1335, 1336 [2017], lv denied 29 NY3d 1124 [2017]; People v Simon , 140 AD3d 1533, 1534 [2016]).