People v. Muniz, 696 N.E.2d 182 (NY 1998). · Go Syfert
People v. Muniz, 696 N.E.2d 182 (NY 1998). Cases Citing This Book View Copy Cite
207 citation events (180 in the last 25 years) across 4 distinct courts.
Strongest positive: People v. Johnson (ny, 2025-11-24)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers.
examined Cited as authority (rule) People v. Johnson (5×) also: Cited "see, e.g."
NY · 2025 · confidence medium
In view of these public policy considerations, this Court has stated that only a "narrow class of appellate claims" may be raised in the face of an appeal waiver ( see People v Muniz , 91 NY2d 570, 574 [1998]).
discussed Cited as authority (rule) People v. Alfonso (2×)
N.Y. App. Div. · 2025 · confidence medium
Defendant's valid waiver of the right to appeal encompasses his constitutional double jeopardy claim ( see People v Muniz , 91 NY2d 570, 574-575 [1998]; People v Rivera , 226 AD3d 929 , 931 [2d Dept 2024], lv denied 42 NY3d 1021 [2024]; People v Dale , 142 AD3d 1287 , 1290 [4th Dept 2016], lv denied 28 NY3d 1144 [2017]).
examined Cited as authority (rule) People v. Santos (4×)
NY · 2025 · confidence medium
Even putting that aside, this Court can (and has a duty to) evaluate the validity of a waiver contained in a plea bargain when that waiver implicates "a public policy consideration that transcends the individual concerns of a particular defendant" ( People v Muniz , 91 NY2d 570, 574 [1998]).
discussed Cited as authority (rule) People v. Santos (2×)
NY · 2025 · confidence medium
Even putting that aside, this Court can (and has a duty to) evaluate the validity of a waiver contained in a plea bargain when that waiver implicates "a public policy consideration that transcends the individual concerns of a particular defendant" ( People v Muniz , 91 NY2d 570, 574 [1998]).
discussed Cited as authority (rule) People v. Johnson
N.Y. App. Div. · 2024 · confidence medium
The "narrow class of appellate claims" that are "unwaivable as part of a plea bargain" are "grounded in the integrity of our criminal justice system and the reality of fairness in the process," and "implicate either an infirmity in the waiver itself or a public policy consideration that transcends the individual concerns of a particular defendant to obtain appellate review" ( People v Muniz , 91 NY2d 570, 574 [1998] [internal quotation marks omitted]).
discussed Cited as authority (rule) People v. McGregor
N.Y. App. Div. · 2022 · confidence medium
Given the validity of the appeal waivers, defendant's contention that his convictions were in violation of the statutory prohibition against double jeopardy is foreclosed ( see People v Muniz , 91 NY2d 570, 574-575 [1998]; People v Dale , 142 AD3d 1287 , 1290 [4th Dept 2016], lv denied 28 NY3d 1144 [2017]), as is his challenge to the factual sufficiency of the plea allocution with respect to the burglary conviction ( see People v Sims , 207 AD3d 882, 883-884 [3d Dept 2022]; People v Washington , 206 AD3d 1278 , 1280 [3d Dept 2022]).
discussed Cited as authority (rule) he People v. George Brown
NY · 2021 · confidence medium
Defendant’s claim does not fall among the narrow class of nonwaivable defects that undermine “the integrity of our criminal justice system . . . [or] implicate . . . a public policy consideration that transcends the individual concerns of a particular defendant to obtain appellate review” (People v Muniz, 91 NY2d 570, 574 [1998]; see People v Allen, 86 NY2d 599, 602-603 [1995]).
discussed Cited as authority (rule) People v. Saunders
N.Y. App. Div. · 2018 · confidence medium
The court is not required to specifically list each possible argument that will be precluded by the appeal waiver — which is generally intended to [*2]comprehensively cover all aspects of a case — as long as the waiver itself is knowing, voluntary and intelligent ( see People v Kemp , 94 NY2d at 833 ; People v Muniz , 91 NY2d 570, 575 [1998]).
discussed Cited as authority (rule) People v. Mitchell
N.Y. App. Div. · 2017 · confidence medium
While the defendant validly waived his right to appeal (see People v Sanders, 25 NY3d 337, 340-342 [2015]; People v Ramos, 7 NY3d 737 [2006]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Muniz, 91 NY2d 570, 575 [1998]), his contentions concerning the voluntariness of his pleas of guilty survive his appeal waivers (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Molina, 146 AD3d 815 [2017]; People v Lujan, 114 AD3d 963 [2014]; People v Persaud, 109 AD3d 626 [2013]).
discussed Cited as authority (rule) People v. Mosquera
N.Y. App. Div. · 2017 · confidence medium
The defendant’s valid waiver of his right to appeal (see People v Sanders, 25 NY3d 337, 341-342 [2015]; People v Ramos, 7 NY3d 737 [2006]; People v Lopez, 6 NY3d 248, 256-257 [2006]; People v Muniz, 91 NY2d 570, 575 [1998]) precludes appellate review of his contention that the sentence imposed was excessive (see People v Seaberg, 74 NY2d 1, 9 [1989]).
discussed Cited as authority (rule) People v. Rankine
N.Y. App. Div. · 2017 · confidence medium
The defendant’s valid waiver of his right to appeal (see People v Sanders, 25 NY3d 337, 341-342 [2015]; People v Ramos, 7 NY3d 737 [2006]; People v Muniz, 91 NY2d 570, 575 [1998]) precludes appellate review of his contention that the sentence imposed was excessive (see People v Seaberg, 74 NY2d 1, 9 [1989]).
cited Cited as authority (rule) People v. Parker
N.Y. App. Div. · 2017 · confidence medium
We conclude that defendant’s contention is foreclosed by his valid waiver of the right to appeal (see generally People v Muniz, 91 NY2d 570, 573-574 [1998]).
discussed Cited as authority (rule) People v. Thomas
N.Y. App. Div. · 2017 · confidence medium
While the defendant validly waived his right to appeal (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Muniz, 91 NY2d 570, 575 [1998]; People v Molina, 146 AD3d 815 [2017]), his contentions concerning the voluntariness of his plea of guilty survive his appeal waiver (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Molina, 146 AD3d 815 [2017]; People v May, 138 AD3d 1146 [2016]; People v Murphy, 114 AD3d 704 [2014]).
discussed Cited as authority (rule) People v. Pimentel
N.Y. App. Div. · 2017 · confidence medium
Although defendant made a valid waiver of his right to appeal (see People v Ramos, 7 NY3d 737 [2006]), we find that his challenges to the statute defining “a crime of terrorism” (Penal Law § 490.25 [1]) are within the category of claims that are “unwaivable as part of a plea bargain,” and thus survive the appeal waiver (People v Muniz, 91 NY2d 570, 574 [1998]; see also People v Lee, 58 NY2d 491, 494 [1983]).
discussed Cited as authority (rule) People v. Molina
N.Y. App. Div. · 2017 · confidence medium
While the defendant validly waived her right to appeal (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Muniz, 91 NY2d 570, 575 [1998]), her contentions concerning the voluntariness of her plea of guilty survive her appeal waiver (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v May, 138 AD3d 1146 [2016]; People v Murphy, 114 AD3d 704, 705 [2014]; People v Joseph, 103 AD3d 665 [2013]).
discussed Cited as authority (rule) People v. Dale
N.Y. App. Div. · 2016 · confidence medium
Moreover, the valid waiver of the right to appeal encompasses both defendant’s constitutional and statutory double jeopardy claims (see People v Muniz, 91 NY2d 570, 574-575 [1998]; People v McLemore, 303 AD2d 950, 950 [2003], lv denied 100 NY2d 540 [2003]; cf. People v Bastian, 6 AD3d 1187, 1188 [2004]).
discussed Cited as authority (rule) People v. Rivera
N.Y. App. Div. · 2015 · confidence medium
His knowing, voluntary, and intelligent waiver of his right to appellate review of all aspects of his case precludes his contention that the Supreme Court improvidently exercised its discretion in closing the courtroom during the testimony of the undercover officer at the suppression hearing (see People v Muniz, 91 NY2d 570, 575 [1998]).
discussed Cited as authority (rule) People v. Lincoln
N.Y. App. Div. · 2015 · confidence medium
The defendant’s valid waiver of his right to appeal (see People v Ramos, 7 NY3d 737 [2006]; People v Lopez, 6 NY3d 248 [2006]; People v Muniz, 91 NY2d 570, 575 [1998]) precludes review of his challenge to the factual sufficiency of the plea allocution (see People v Ovalle, 112 AD3d 971 [2013]; People v Knapp, 108 AD3d 641, 642 [2013]; People v Hardee, 84 AD3d 835 [2011]).
discussed Cited as authority (rule) People v. West
N.Y. App. Div. · 2014 · confidence medium
Contrary to the defendant’s contention, his waiver of the right to appeal was knowing, voluntary, and intelligent (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Muniz, 91 NY2d 570, 575 [1998]; People v Seaberg, 74 NY2d 1, 11 [1989]).
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2014 · confidence medium
The defendant’s valid waiver of her right to appeal precludes review of her claim that the sentence imposed was excessive (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 253 [2006]; People v Muniz, 91 NY2d 570, 575 [1998]; People v Seaberg, 74 NY2d 1, 11 [1989]).
discussed Cited as authority (rule) People v. Holmes
N.Y. App. Div. · 2014 · confidence medium
The defendant’s valid waiver of his right to appeal precludes review of his claims that the procedure used to adjudicate him a second violent felony offender was defective (see People v Huggins, 105 AD3d 760, 761 [2013]; People v Kosse, 94 AD3d 908 [2012]) and that the sentence imposed was excessive (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 253 [2006]; People v Muniz, 91 NY2d 570, 575 [1998]; People v Seaberg, 74 NY2d 1, 11 [1989]; People v Mack, 119 AD3d 875, 876 [2014]).
discussed Cited as authority (rule) People v. Sanchez
N.Y. App. Div. · 2014 · confidence medium
The defendant’s waiver of his right to appeal was knowingly, voluntarily, and intelligently made. “[Wjhere [as here] the plea allocution demonstrates a knowing, voluntary and intelligent waiver of the right to appeal, intended comprehensively to cover all aspects of the case, and no constitutional or statutory mandate or public policy concern prohibits its acceptance, the waiver will be upheld completely” (People v Muniz, 91 NY2d 570, 575 [1998]; see People v Kemp, 94 NY2d 831, 833 [1999]).
discussed Cited as authority (rule) People v. Corbin
N.Y. App. Div. · 2014 · confidence medium
Similarly, there was no requirement that the defendant expressly waive every potential claim or defense (see People v Muniz, 91 NY2d 570, 574-575 [1998]; People v Abdul, 112 AD3d 644, 645 [2013]) in order to produce a valid, unrestricted waiver of the right to appeal that was knowing, voluntary, and intelligent, and which encompassed all waivable issues (see People v Ceparano, 96 AD3d 774, 775 [2012]; People v Galunas, 93 AD3d 892, 893 [2012]).
discussed Cited as authority (rule) WARE, III, JACOB E., PEOPLE v
N.Y. App. Div. · 2014 · confidence medium
Defendant’s contentions that, during the robbery trial, the court erred in refusing to admit his codefendant’s out-of-court statement as a declaration against penal interest, and that the court should have provided a missing witness charge, are encompassed by his valid waiver of the right to appeal (see generally Lopez, 6 NY3d at 255 ; People v Muniz, 91 NY2d 570, 574 [1998]; People v Mercer, 81 AD3d 1159, 1160 [2011], lv denied 19 NY3d 999 [2012]).
discussed Cited as authority (rule) People v. Ramsey
N.Y. App. Div. · 2014 · signal: cf. · confidence medium
Therefore, the defendant’s challenges to the validity and scope of his waiver of the right to appeal are without merit (see People v Seaberg, 74 NY2d 1, 11 [1989]; cf. People v Muniz, 91 NY2d 570, 573 [1998]).
discussed Cited as authority (rule) People v. Ramsey
N.Y. App. Div. · 2014 · signal: cf. · confidence medium
Therefore, the defendant’s challenges to the validity and scope of his waiver of the right to appeal are without merit (see People v Seaberg, 74 NY2d 1, 11 [1989]; cf. People v Muniz, 91 NY2d 570, 573 [1998]).
discussed Cited as authority (rule) People v. Tarrant
N.Y. App. Div. · 2014 · confidence medium
The defendant’s valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v Ramos, 7 NY3d 737 [2006]; People v Lopez, 6 NY3d 248, 257 [2006]; People v Muniz, 91 NY2d 570, 575 [1998]).
discussed Cited as authority (rule) People v. Tarrant
N.Y. App. Div. · 2014 · confidence medium
The defendant’s valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v Ramos, 7 NY3d 737 [2006]; People v Lopez, 6 NY3d 248, 257 [2006]; People v Muniz, 91 NY2d 570, 575 [1998]).
discussed Cited as authority (rule) People v. Abdul
N.Y. App. Div. · 2013 · confidence medium
Contrary to this contention, “an unrestricted waiver of the right to appeal, knowingly, voluntarily and intelligently made, will bar consideration of a future appellate claim despite the fact that, at the time the appeal waiver was exacted, the defendant had not expressly waived every potential claim or available defense” (People v Muniz, 91 NY2d 570, 574 [1998]).
discussed Cited as authority (rule) People v. Abdul
N.Y. App. Div. · 2013 · confidence medium
Contrary to this contention, “an unrestricted waiver of the right to appeal, knowingly, voluntarily and intelligently made, will bar consideration of a future appellate claim despite the fact that, at the time the appeal waiver was exacted, the defendant had not expressly waived every potential claim or available defense” (People v Muniz, 91 NY2d 570, 574 [1998]).
discussed Cited as authority (rule) People v. Stone
N.Y. App. Div. · 2013 · confidence medium
Moreover, the colloquy made perfectly clear that the oral and written appeal waivers were unqualified and “intended comprehensively to cover all aspects of the case” (People v Muniz, 91 NY2d 570, 575 [1998]), including preplea suppression rulings.
discussed Cited as authority (rule) People v. Stone
N.Y. App. Div. · 2013 · confidence medium
Moreover, the colloquy made perfectly clear that the oral and written appeal waivers were unqualified and “intended comprehensively to cover all aspects of the case” (People v Muniz, 91 NY2d 570, 575 [1998]), including preplea suppression rulings.
cited Cited as authority (rule) People v. Chinn
N.Y. App. Div. · 2013 · confidence medium
That contention is encompassed by defendant’s waiver of the right to appeal (see generally People v Muniz, 91 NY2d 570, 574 [1998]) and, in any event, lacks merit.
cited Cited as authority (rule) People v. Chinn
N.Y. App. Div. · 2013 · confidence medium
That contention is encompassed by defendant’s waiver of the right to appeal (see generally People v Muniz, 91 NY2d 570, 574 [1998]) and, in any event, lacks merit.
discussed Cited as authority (rule) People v. Shelton
N.Y. App. Div. · 2012 · confidence medium
The defendant’s waiver of his right to appeal implicitly waived his constitutional claim to be free from double jeopardy (see People v Muniz, 91 NY2d 570, 575 [1998]; People v Thorpe, 2 AD3d 467 [2003]).
discussed Cited as authority (rule) People v. Shelton
N.Y. App. Div. · 2012 · confidence medium
The defendant’s waiver of his right to appeal implicitly waived his constitutional claim to be free from double jeopardy (see People v Muniz, 91 NY2d 570, 575 [1998]; People v Thorpe, 2 AD3d 467 [2003]).
discussed Cited as authority (rule) People v. Young
N.Y. App. Div. · 2012 · confidence medium
At the defendant’s plea allocution, he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 255 [2006]; People v Muniz, 91 NY2d 570, 575 [1998]; People v Seaberg, 74 NY2d 1, 9 [1989]).
discussed Cited as authority (rule) People v. Young
N.Y. App. Div. · 2012 · confidence medium
At the defendant’s plea allocution, he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 255 [2006]; People v Muniz, 91 NY2d 570, 575 [1998]; People v Seaberg, 74 NY2d 1, 9 [1989]).
discussed Cited as authority (rule) People v. Fisher
N.Y. App. Div. · 2012 · confidence medium
The record establishes that defendant’s waiver of the right to appeal was knowing, voluntary and intelligent and that it was “intended comprehensively to cover all aspects of the case” (People v Muniz, 91 NY2d 570, 575 [1998]).
discussed Cited as authority (rule) HILL, SHANNON v. PEOPLE v
N.Y. App. Div. · 2012 · confidence medium
The record establishes that defendant’s waiver of the right to appeal was knowing, voluntary and intelligent and was “intended comprehensively to cover all aspects of the case” (People v Muniz, 91 NY2d 570, 575 [1998]).
discussed Cited as authority (rule) People v. Galunas
N.Y. App. Div. · 2012 · confidence medium
Defendant appeals, contending that his prosecution on the Delaware County criminal possession counts violated his constitutional right to protection against double jeopardy, as the controlled substances that formed the basis of the Ulster County charges came into his possession as a result of the alleged Delaware County crimes. * Initially, while noting that the constitutional right to protection against double jeopardy survives a guilty plea (see People v Parilla, 8 NY3d 654, 659 [2007]; People v Hansen, 95 NY2d 227, 230 [2000]), we find that defendant waived this claim “by his express waiv…
discussed Cited as authority (rule) People v. Timberlake
N.Y. App. Div. · 2011 · confidence medium
The defendant’s contentions, while not foreclosed by his valid waiver of his right to appeal (see People v Muniz, 91 NY2d 570, 575 [1998]; People v Seaberg, 74 NY2d 1, 10 [1989]), are, however, unpreserved for appellate review (see People v Adams, 67 AD3d 819 [2009]).
discussed Cited as authority (rule) People v. McCaskill
N.Y. App. Div. · 2010 · confidence medium
Given defendant’s thorough written waiver, the court’s inquiry of defendant—albeit minimal—coupled with counsel’s assurances that he had reviewed the written waiver with defendant and the execution of the written waiver in open court were adequate to demonstrate both that there was “some judicial examination of the waiver itself with a manifestation expressed on the record” (People v Calvi, 89 NY2d 868, 871 [1996]) and that “defendant’s waiver of the right to appeal reflected] a knowing and voluntary choice” (People v Callahan, 80 NY2d 273, 280 [1992]; see People v Johnson,…
cited Cited as authority (rule) People v. Simcoe
N.Y. App. Div. · 2010 · confidence medium
We reject the contention of defendant that his waiver of the right to appeal is void as against public policy (see People v Muniz, 91 NY2d 570, 573-575 [1998]).
discussed Cited as authority (rule) People v. Jones
N.Y. App. Div. · 2010 · confidence medium
Contrary to the contentions of defendant, we conclude that his waiver of the right to appeal is valid (see People v Lopez, 6 NY3d 248, 256 [2006]), and that it is not void as against public policy (see People v Muniz, 91 NY2d 570, 573-575 [1998]; People v Kapp, 59 AD3d 974, 974-975 [2009], lv denied 12 NY3d 818 [2009]).
cited Cited as authority (rule) People v. Jamison
N.Y. App. Div. · 2010 · confidence medium
We reject at the outset the contention of defendant that his waiver of the right to appeal is void as against public policy (see People v Muniz, 91 NY2d 570, 575 [1998]).
cited Cited as authority (rule) People v. Harris
N.Y. App. Div. · 2008 · confidence medium
People v Muniz, 91 NY2d 570, 574-575 [1998]; People v Allen, 82 NY2d 761, 763 [1993]).
discussed Cited as authority (rule) People v. Carmody
N.Y. App. Div. · 2008 · confidence medium
Contrary to the contentions of defendant, her waiver of the right to appeal is not void as against public policy (see generally People v Muniz, 91 NY2d 570, 573-575 [1998]; People v Callahan, 80 NY2d 273, 280 [1992]; People v Seaberg, 74 NY2d 1, 7-10 [1989]), and the waiver was knowingly, intelligently and voluntarily entered (see People v Lopez, 6 NY3d 248, 256 [2006]; Seaberg, 74 NY2d at 11 ; People v Lovett, 8 AD3d 1007 [2004], lv denied 3 NY3d 677 [2004]).
discussed Cited as authority (rule) People v. Nickell (2×)
N.Y. App. Div. · 2008 · confidence medium
It is well settled that “ ‘trial courts are not required to engage in any particular litany during an allocution’ ” in order to obtain a valid waiver of a plethora of rights (People v Kemp, 94 NY2d 831, 833 [1999], quoting People v Moissett, 76 NY2d 909, 910-911 [1990]; see People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Muniz, 91 NY2d 570, 574-575 [1998]).
discussed Cited as authority (rule) People v. Bailey
N.Y. App. Div. · 2008 · confidence medium
We note at the outset that, contrary to the contention of defendant, his waiver of the right to appeal is not void as against public policy (see generally People v Muniz, 91 NY2d 570, 573-575 [1998]; People v Callahan, 80 NY2d 273, 280 [1992]; People v Seaberg, 74 NY2d 1, 7-11 [1989]).
The People of the State of New York, Respondent,
v.
Manuel A. Muniz, Appellant
New York Court of Appeals.
Jun 4, 1998.
696 N.E.2d 182
POINTS OF COUNSEL, George Grun, Riverhead, and Robert C. Mitchell for appellant., James M. Catterson, Jr., District Attorney of Suffolk County, Riverhead {Glenn Green of counsel), for respondent.
Levine.
Cited by 183 opinions  |  Published

OPINION OF THE COURT

Levine, J.

Defendant was indicted, following the shooting death of his[*572] ex-wife’s current husband, on three separate counts of the crime of murder in the second degree. Each of the three counts reflected an alternative theory of the crime: intentional murder (Penal Law § 125.25 [1]); depraved indifference to human life by recklessly engaging in conduct which created a grave risk of death (Penal Law § 125.25 [2]) and felony murder (Penal Law § 125.25 [3]), in having committed the crime of burglary and, in furtherance of that crime or immediate flight therefrom, inflicting an injury to the victim resulting in death. After a jury trial, defendant was acquitted of the intentional murder count, convicted of manslaughter in the second degree (a lesser included offense of depraved indifference murder under count two), and also convicted of felony murder under count three. Defendant was sentenced to 25 years to life imprisonment for the felony murder conviction, and 5 to 15 years for the conviction of second-degree manslaughter, concurrently.

On appeal, the Appellate Division modified by affirming defendant’s conviction of second-degree manslaughter and, in the interest of justice, reversing the felony murder conviction based on an erroneous jury instruction and ordering a new trial of that count alone (204 AD2d 576). Defendant, on remand, pleaded guilty to first-degree manslaughter in satisfaction of the felony-murder charge, and was sentenced to SVs to 25 years, to run concurrently with the previous sentence imposed on the conviction for manslaughter in the second degree (see, Penal Law § 70.25 [2]). Defendant fully allocuted to the shooting of his former wife’s husband. As a condition to, and integral part of, the negotiated plea, defendant formally executed a written waiver of his right to appeal which, in pertinent part, read as follows:

“i HEREBY WAIVE OR GIVE UP MY RIGHT TO APPEAL FROM THIS JUDGMENT OF CONVICTION, WITH THE EXCEPTION OF ANY CONSTITUTIONAL SPEEDY TRIAL CLAIM WHICH I MAY HAVE ADVANCED, THE LEGALITY OF THE SENTENCE, MY COMPETENCY TO STAND TRIAL AND THE VOLUNTARINESS OF THIS WAIVER.
“i EXECUTE OR SIGN THIS WAIVER AFTER BEING ADVISED BY THE COURT AND MY ATTORNEY OF THE NATURE OF THE RIGHT I AM GIVING UP. * * *
“i WAIVE OR GIVE UP MY RIGHT TO APPEAL VOLUNTARILY AND KNOWINGLY, AFTER MY APPELLATE RIGHTS WERE FULLY [*573] EXPLAINED BY THE COURT AND MY ATTORNEY, [ ] STANDING BESIDE ME. I HAVE HAD A FULL OPPORTUNITY TO DISCUSS THESE MATTERS WITH MY ATTORNEY AND ANY QUESTIONS I MAY HAVE HAD HAVE BEEN ANSWERED to my satisfaction” (emphasis supplied).

Defendant nevertheless appealed his first-degree manslaughter conviction, contending that he was twice placed in jeopardy when he was directed to again stand trial, on remand, for. felony murder after already having been convicted of a lesser included offense of the same crime, second-degree murder, for the same act of homicide (see, US Const 5th, 14th Amends; NY Const, art I, § 6). Specifically, defendant argued that since he did not expressly waive any constitutional double jeopardy claim by agreeing to waive his right to appeal, he did not waive this particular double jeopardy objection. The Appellate Division concluded, inter alia, that defendant waived his right to appeal the double jeopardy issue by executing the written waiver as part of the negotiated plea and, thus, affirmed his conviction of first-degree manslaughter (239 AD2d 363). A Judge of this Court granted defendant’s application for leave to appeal.

Before us, defendant again urges that his conviction, upon remand, of a lesser included offense of the felony murder count of the indictment following his original conviction and sentence on a lesser included offense of depraved indifference murder violates constitutional double jeopardy. Defendant further argues that he may assert this claim for the first time on appeal, notwithstanding his express waiver of the right to appeal, because this constitutional objection was not specifically included in the waiver instrument. We conclude that defendant’s written waiver was valid and effectively incorporated his double jeopardy claim and, therefore, affirm.

A criminal defendant’s waiver of the right to appeal, obtained as a condition of a sentence or plea bargain, will be upheld if it is voluntary, knowing and intelligent, and implicates no larger societal interest or important public policy concern (see, People v Callahan, 80 NY2d 273; People v Seaberg, 74 NY2d 1; see also, People v Moissett, 76 NY2d 909). As long as those conditions are satisfied, the scope of the waiver of the right to appeal can be fully comprehensive, and is enforceable consistent with the actual intent underlying its execution (see, People v Seaberg, supra, 74 NY2d, at 12 [where there “can be little doubt that the bargain was reasonable, that defendant knew and understood the terms of it and that he willingly accepted[*574] them,” the waiver should be enforced and the defendant held to the bargain knowingly and voluntarily made]).

We have, however, previously identified certain defects in the proceedings leading to a conviction which are unwaivable as part of a plea bargain. This narrow class of appellate claims, grounded in the integrity of our criminal justice system and “the reality of fairness in the process” (People v Seaberg, 74 NY2d, at 9, supra), implicate either an infirmity in the waiver itself or a public policy consideration that transcends the individual concerns of a particular defendant to obtain appellate review (see, People v Callahan, supra, 80 NY2d, at 282; People v Blakley, 34 NY2d 311, 314-315 [no waiver of constitutionally protected right to a speedy trial]; People v Francabandera, 33 NY2d 429, 434, n 2 [no waiver of right to challenge the legality of the sentence imposed]; People v Armlin, 37 NY2d 167, 172 [no waiver of right to challenge competency to stand trial]; see also, People v Seaberg, supra, 74 NY2d, at 9-10).

In People v Allen, we determined that a claim of constitutional double jeopardy falls outside of that class of nonwaivable claims and, if all the other conditions for a valid waiver are satisfied, a double jeopardy claim may be expressly waivable through a condition to a sentence or plea bargain (86 NY2d 599, 602-604). We noted specifically in Allen that none of the societal interests which justify the narrow exceptions “to the general rule that an accused may waive any right he or she enjoys as part of a plea bargain” are present in a claim of double jeopardy (id., at 602-603). Thus, while a claim of constitutional double jeopardy ordinarily is not waived by a counseled guilty plea (see, People v Prescott, 66 NY2d 216, cert denied 475 US 1150; see also, Menna v New York, 423 US 61) and may be raised for the first time on appeal (see, People v Prescott, supra, at 218; see also, People v Michael, 48 NY2d 1), where, as a condition of the plea to lesser charges, a defendant validly waived his right to appeal, including any claim of double jeopardy, such a bargained-for waiver is effective and enforceable (see, People v Allen, supra, 86 NY2d, at 602-604).

Moreover, People v Hidalgo (91 NY2d 733 [decided today]) makes clear that where no larger societal interests or public policy concerns are implicated, an unrestricted waiver of the right to appeal, knowingly, voluntarily and intelligently made, will bar consideration of a future appellate claim despite the fact that, at the time the appeal waiver was exacted, the defendant had not expressly waived every potential claim or available defense (91 NY2d, at 737, supra [appeal waiver deemed en[*575] forceable although defendant did not explicitly waive her right to challenge the alleged excessiveness of the sentence and had no indication as to the precise sentence the court would ultimately impose]; see also, People v Allen, 82 NY2d 761, 763 [voluntary and intelligent waiver of the right to appeal, “intended to be all encompassing,” precludes subsequent challenge to purported excessiveness of negotiated sentence]).

The guiding principle in each of these cases is plain: where the plea allocution demonstrates a knowing, voluntary and intelligent waiver of the right to appeal, intended comprehensively to cover all aspects of the case, and no constitutional or statutory mandate or public policy concern prohibits its acceptance, the waiver will be upheld completely even if the underlying claim has not yet reached full maturation (see, People v Callahan, supra, 80 NY2d, at 281; People v Allen, supra, 86 NY2d, at 602-604; People v Seaberg, supra, 74 NY2d, at 7-9; see also, People v Hidalgo, supra).

Here, defendant’s waiver of the right to appeal bespeaks his intent fully to waive all aspects of the case which public policy concerns would not otherwise preclude. In fact, the instant waiver expressly excludes only those specific classes of appellate claims which could be reviewed despite a bargained-for waiver of the right to appeal. Moreover, defense counsel acknowledged that he and defendant discussed the appeal waiver and, after “explain[ing] it all to him,” defendant understood and agreed to the conditions contained therein. The court separately inquired, and made clear that although defendant’s first challenge had resulted in “a fair amount of success by going to an appellate court, [ ] in return for the reduced charges * * * to which you [are] plead [ing] guilty they’re asking you to waive that privilege. Understand?” Defendant orally responded in the affirmative and, thereafter, signed the waiver in open court.

Thus, as we already have decided that a claim of constitutional double jeopardy implicates no larger societal interest and may be explicitly waived (see, People v Allen, supra, 86 NY2d, at 602-603), we discern no principled basis upon which to conclude that a defendant cannot impliedly waive a claim of double jeopardy when the express appeal waiver evidences the understanding that, by taking the plea, defendant knowingly, voluntarily and intelligently gave up the right to appeal from all waivable aspects of the case “after [his] appellate rights were fully explained” (see, People v Hidalgo, supra; compare, United States v Broce, 488 US 563, 573-574).

[*576] Because we hold that defendant’s waiver of his right to appeal forecloses his collateral attack on the plea, we need not reach the merits of the instant double jeopardy claim. We have reviewed defendant’s remaining contentions, and conclude that they are similarly without merit.

Accordingly, the order of the Appellate Division should be affirmed.

Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Ciparick and Wesley concur.

Order affirmed.