Photo: DenisLarkin Large Number of Invalidated Appeal Waivers Illustrates Need for Change
"Something has to give. What is happening now is an embarrassment to our courts."
January 06, 2021 at 10:45 AM
6 minute read
Shortly before Christmas, the New York Court of Appeals, in a two-page memorandum opinion, decided People v. Bisono, 2020 N.Y. Slip. Op. 07484, which consolidated 10 cases for review. In all 10, the court held that the defendant's waiver of the right to appeal was invalid. In each, the court could not say with confidence that the "defendant[] comprehended the nature (and consequences) of the waiver of appellate rights." It therefore reversed the 10 cases and remitted them to the Appellate Division for consideration of the issues left undecided due to the erroneous enforcement of the waivers. Reversing 10 cases in one fell swoop is almost certainly unprecedented.
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