Narrative Opinion Summary
Jay Kim appealed two judgments from the Supreme Court, Queens County, which convicted him of first-degree robbery under two separate indictments following his guilty pleas. The Appellate Division, Second Department, affirmed the judgments, stating that Kim knowingly, voluntarily, and intelligently waived his right to appeal. The court confirmed that he understood the implications of the waiver, distinct from his rights forfeited by pleading guilty. Consequently, this valid waiver barred any appellate review of his claim regarding the excessiveness of the sentences imposed. Judges Dillon, Cohen, Connolly, and Christopher concurred with the decision.
Legal Issues Addressed
Appellate Review Barred by Valid Waiversubscribe to see similar legal issues
Application: Jay Kim's valid waiver of his right to appeal barred any appellate review of his claim regarding the excessiveness of the sentences imposed.
Reasoning: Consequently, this valid waiver barred any appellate review of his claim regarding the excessiveness of the sentences imposed.
Validity of Appeal Waiver in Plea Agreementssubscribe to see similar legal issues
Application: The court found that Jay Kim's understanding of the appeal waiver was distinct from the rights he forfeited by pleading guilty, thereby upholding the validity of the waiver.
Reasoning: The court confirmed that he understood the implications of the waiver, distinct from his rights forfeited by pleading guilty.
Waiver of Right to Appealsubscribe to see similar legal issues
Application: The court determined that Jay Kim's waiver of the right to appeal was made knowingly, voluntarily, and intelligently, which precluded appellate review of his sentence claims.
Reasoning: The Appellate Division, Second Department, affirmed the judgments, stating that Kim knowingly, voluntarily, and intelligently waived his right to appeal.