"It cannot be gainsaid that it is the responsibility of the court to ensure that "a defendant's understanding of the terms and conditions of a plea agreement is evident on the face of the record" (Lopez, 6 NY3d at 256; see Callahan, 80 NY2d at 283). Defendant's purported waiver cannot relieve the court of its responsibility."
Monday, February 09, 2009
Court Must Explain Waiver of Right to Appeal
In People v. Farrow, the Fourth Department reaffirmed that a defendant cannot waive his right to have a waiver of the right to appeal explained on the record. Moreover, the court re-stated its position that the judge accepting the plea and waiver has an independent duty to ensure that the defendant understands the waiver. The court said: