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People State New York v. William Burk

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eBook details

  • Title: People State New York v. William Burk
  • Author : Supreme Court of Pennsylvania
  • Release Date : January 06, 1992
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 74 KB

Description

In People v Seaberg (74 N.Y.2d 1), the Court of Appeals held that a criminal defendants right to appeal may be waived as a condition of a sentence or negotiated plea, provided that the waiver was voluntary, knowing, and intelligent. In the case at bar, the defendant negotiated a plea agreement which included the promise of a specific sentence and an agreement by the defendant to waive his right to appeal. In urging this court to undertake a review of the purported excessiveness of the sentence, the defendant contends that his waiver did not encompass the agreed-upon sentence. We disagree. Where the promise of a particular sentence is part and parcel of the negotiated plea agreement, then a defendants generalized waiver of his right to appeal will necessarily include the right to challenge the sentence.


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