Saturday, February 24, 2007

AD1: no motion to withdraw plea necessary to challenge validity of appeal waiver

People v Hoover, 2007 NY Slip Op 01395 [available here]

Overruling its prior precedent, the First Department held in People v Hoover that a defendant no longer needs to make a motion to withdraw his or her plea to preserve the validity of an appeal waiver as an issue on appeal. "A defendant who has pleaded guilty and simultaneously waived the right to appeal cannot be asked, as a condition to an appellate challenge to the waiver of appeal, to move to withdraw the plea of guilty, with which, except for an otherwise preserved appellate issue, he/she may be satisfied." (Hoover, 2007 NY Slip Op 01395.) Reaching the merits, the Court found the defendant's appeal waiver invalid; the waiver, "consisting of the answer 'yes' to the question, 'You are also waiving your right to appeal this plea and sentence. Do you understand all that?" is invalid and unenforceable." (Id. at __.)

A quiet packet of decisions for the First Department; Hoover was the only significant decision handed down February 20, 2007.